Special Needs Trust as IRA Beneficiary

I have a client couple with well over $1 million each in IRAs
Both have the spouse as primary beneficiary.
The contingent beneficiaries are 50% daughter and 50% to son’s special needs trust. Both are in their mid 20’s and healthy.
What language do I need to look for, to make sure that it will qualify for the stretch?
The trust is one of those really long ones (59 pages) that is hard to follow in practice.

Jan Sleeter



You indicated that the son is healthy, but there must be some deficiency for them to have established an SNT. An SNT has the same requirements as any other trust to be considered qualified for look through treatment, including the notification deadline to the custodian. If the surviving spouse disclaims or pre deceases, the daughter and SNT trustee must be sure to establish separate inherited IRA accounts by the deadline. If the SNT is not qualified for any reason including missing the notification deadline, it will be treated as a non individual beneficiary and that could ruin the stretch for the SNT. The daughter can avoid this pitfall if she establishes a separate inherited IRA account by the end of the year after spouse’s death. If there is any concern about the daughter’s stretch, perhaps separate IRAs with different contingent beneficiaries should be established.



  • None of the IRA benefits can ever go to anyone older than the person whose life expectancy you want to use (probably the older child in this case, or perhaps the oldest of the children, nieces and nephews), or to anyone other than an individual or another trust subject to the same restrictions.

 

 

  • While they’re at it, they might want to leave the daughter’s share in trust as well, to keep it out of his estate for estate tax purposes, and to better protect it against her creditors and spouses.


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