Trust as owner of IRA Accounts

Attorney has drafted a living trust for my clients (married, no children) and has requested we ” have their accounts changed into the Trust Name rather than their own name.” My suggestion was that Husband name wife as beneficiary if living, if not then the trust as contingent, and vice versa for wife.

I can see the trust as contingent but not the owner of the IRA’s as that transfer would seem to be a taxable event!

I’d be grateful for a response, and if there is taxable event what would be the IRS source of authority??

Thanks,
John O



  • If the lawyer doesn’t know this, perhaps the client should consult with different counsel.
  • An IRA is a form of revocable trust.  The financial institution is the trustee (even if nowadays they usually call themselves custodian rather than trustee).
  • After death, a revocable trust is just a temporary administrative vehicle, so it would make more sense to name the beneficiaries of the revocable trust (rather than the revocable trust itself) as the contingent beneficiaries of the IRA.
  • Bruce Steiner

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