Trust as Beneficiary, Disclaimer by Surviving Spouse
Credit Shelter Trust is beneficiary of IRA.
Surviving Spouse has sufficient assets outside of CST and is oldest beneficiary (primary bene, children are remainder beneficiaries)
Can spouse disclaim her interest in Credit Shelter Trust, resulting
in oldest child’s life expectancy being used to determine distributions as
opposed to surviving spouse’s life expectancy?
Permalink Submitted by Bruce Steiner on Wed, 2009-08-19 01:56
She should be able to disclaim her interest in the credit shelter trust. But without seeing the Will (and perhaps the beneficiary designation form), I can’t say what the result of such a disclaimer would be. She should consult with tax/estates counsel.
Bruce Steiner, attorney
NYC
also admitted in NJ and FL