Family Trust is Primary Beneficiary

A prospect has her recently deceased husbands $1.6 million IRA account that was set up naming the family trust as primary beneficiary. The wife is successor trustee. The trust document has 50% going to the wife, and 50% going to the 4 children upon his death according to the wife, but I have not seen the trust document to verify. I suspect it actually may all go to her then the children at her death. Assuming I am right, is it not correct that she would set up a beneficiary IRA for the trust, and name the children primary beneficiaries split evenly? And, that the children could in turn open beneficiary trust IRA’s for themselves, with a final distribution going to their children as remainder beneficiaries?
If they DO want the money split up now and the trust says they can do it, then would we not need to use the look through language in the beneficiary document which would allow us to bypass the trust and just get the dollars into each person’s beneficiary IRA? Please inform – thank you!



The terms of the trust will determine if and when it can be dissolved or if the children will receive their own inherited IRAs distributed out of the trust. Having their own inherited IRAs will terminate any creditor protection the trust provides including from spouses. Currently, the trustee needs to be sure that the IRA custodian is notified of the trust provisions by the 10/31 deadline or the trust will lose qualification eligibility and the IRA will lose much of the stretch. The current beneficiary IRA will name only the trust, not the children. The children will only be named if they will receive their own inherited IRAs when that happens. The trustee may have discretion to take certain action, again the provisions of the trust will determine the choices.



It would help to see the Will or trust agreement.  A “family trust” usually refers to a trust for the benefit of the spouse and issue.  It wouldn’t make any sense to create a trust that ended upon his death and to have the IRA payable to such a trust.  With enough disclaimers, it may be possible to get the IRA to the wife so she can roll it over. 



Add new comment

Log in or register to post comments