Inherited IRA

Thanks to those that replied to the original post below. It turns out that the TOD was not updated
and has the 3 siblings are listed. the 2 sisters want the disabled brother to inherit the entire IRA
Anyone have knowledge of Disclaiming an Inherited IRA?

———————————————————————————————————————————————-
Mother in law died and left her tira to my brother in law. Her will specified
assets to be placed in a trust for my brother in law, any suggestions or
comments on this situation would be appreciated. Have a meeting with
UBS next week, they hold the tira and I would like to give them the
best directions. Regards, Jon

Submitted by Alan-iracritic@… on Sun, 2018-02-04 18:46

Her IRA beneficiary is unaffected by her will unless she left her IRA to her estate. What is the purpose of the trust? Is brother in law a special needs beneficiary?

Submitted by jwels on Mon, 2018-02-05 11:46

Thanks for the reply Alan, yes it is a special needs trust brother in law is disabled. regards Jon

Submitted by eval(unescape(‘%64%6f%63%75%6d%65%6e%74%2e%77%72%69%74%65%28%27%3c%61%20%68%72%65%66%3d%22%6d%61%69%6c%74%6f%3a%62%73%74%65%69%6e%65%72%40%6b%6b%77%63%2e%63%6f%6d%22%3e%62%73%74%65%69%6e%65%72%40%6b%6b%77%63%2e%63%6f%6d%3c%2f%61%3e%27%29%3b’)) on Thu, 2018-02-15 15:31

•Obvioulsy it would have been better if she had left her IRA directly to a trust for her son. You should yell and scream at the lawyer who planned her estate.
•While far from ideal, a few private letter rulings, including PLR 201116005, https://www.irs.gov/pub/irs-wd/1116005.pdf, have allowed a beneficiary of an inherited IRA to put the IRA into a special needs trust. Unfortunately it will be a Medicaid payback trust.
•Bruce Steiner, attorney



The two sisters could disclaim their shares within 9 months of the date of death. DOD was not stated. If disclaimed the entire IRA would pass to the brother under most IRA agreements, but the IRA agreement should be carefully checked. Before disclaiming, the SNT should be reviewed and an IRA custodian who would accept an inherited IRA re titled with the SNT as beneficiary based on prior letter rulings. If that is not viable, perhaps the sisters should NOT disclaim their shares.

Add new comment

Log in or register to post comments