benificiary on ira wants to disclaim to minor but custodian being “difficult”

Hi,

Appreciate advice.

Situation:

My dad (passed away 3 months ago, lived in NY) named his 6 adult children as beneficiaries per stirpes on his IRA.

I (live in CT) would like to disclaim my portion so it passes to my only child who is a minor.

No other other beneficiaries plan to disclaim.

I believe it is fairly straightforward process to inform the large mutual fund company who holds the IRA that I am disclaiming.

I believe it should also be straightforward to establish a UTMA account for my minor child and have the custodian make a claim on behalf of my minor child.

The large mutual fund company who holds the assets will not assure me that my son will be the beneficiary if I disclaim. They indicate they will not make the determination on who benefits but state that some authority needs to make this designation. They don’t have a good answer when pressed on who this authority would be – saying I need to get a lawyer involved.

I am hesitant to simply move ahead as the disclaimer is irrevocable and i’d like to be assured that the money will go to my child before making that disclaimer.

I think I am on solid ground with my plan but would feel much better if the fund company would assure me that this will proceed as expected.

If relevant, I am the executor on the estate with my brother. I understand as a disclaiming beneficiary I can have no say in who inherits. If necessary, can my brother make that indication? (He will do so.)

And, if you got this far, any reason my spouse cannot be the custodian on the UTMA account?

Thank you.



Additional detail: Dad was 82 and took his RMD this year

  • If you disclaim, your share passes as if you had precedeceased your father.  You would have to look at the beneficiary designation form to confirm how your share would pass if you were to disclaim it.

 

  • In New York you have to do more than just inform the mutual fund company.  You have to file the disclaimer with the court.  The lawyer handling the estate should be familiar with the procedure, and should be able to prepare, file and serve the disclaimer.

 

  • The beneficiary designation form will say whom your father named as custodian for any minor beneficiaries under the Uniform Transfers to Minors Act.   He could have selected your spouse, or any other adult person.

 

  • Bruce Steiner, attorney, NYC, also admitted in NJ and FL

Bruce, Thank you for the response!   Gradually sinking in that I have to deal with probate court to handle the disclaimer and the distribution per my Dad’s election of beneficiary.  So, before I go through that, can you or anyone else give me a pretty good sense of what the result will be of disclaiming when the six benificiaries were named on the form as John Doe per stirpes, Jane Doe per stirpes, Larry Doe per stirpes, etc. and only one primary beneficiary disclaims.  Deceased lived in NY.  Disclaiming beneficiary lives in CT.Thanks!  Thank you again! 

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