I have a client situation where the female has Alzheimer’s and has been institutionalized for four years and her long term care insurance benefit has run out this fall. She has about $450,000 of assets in her name of which her IRA is about half. Her spouse has a similar amount in his name of which a little more than half is in his IRA. They are both over 70 and have been taking RMDs for several years. My major question is that he is of failing health and could pre-decease his wife. Can his children inherit his IRA and other assets without having to “give them back” if she exhausts her assets prior to her death. They do live in a “partnership” state and her LTCi policy has paid out about $300,000. Any help and/or suggestions would be appreciated.

Dan Steinberg