My 40 year old daughter passed away in November, she was divorced with two minor children. I am the Trustee of her Trust of which the children are the beneficaries. Her IRA was the only thing outside of the Trust and her two children are the beneficiaries. Her ex-husband is the legal guardian of the children now. Do I have to turn this IRA over to her ex-husband or is there some way I can have it split between the two children and oversee the annual payouts they will receive? I am concerned that the annual payouts will be spent for something other then the children. I am also concerned that the ex will not split the IRA or take the 1st annual payout therefore falling under the 5 year rule of a lump sum payment to the children and then the money getting spent for something other then the children. Can someone please advise me. This split must be done by Sept 30th and the first annual payout by Dec 31st. Thank you.