Protection of IRA from creditors
I have a TIRA with about $3mm in cash and securities. As my screen-name would imply I live in Washington State. I have a fairly “high risk” occupation which could, at some point in the future, lead to a lawsuit being filed. One never knows what happens in court, but should there be a major judgement (>$1mm e.g.) against me, my only asset, aside from my home is my IRA. I currently have it at a broker and manage my investments daily. I have several questions, some of which are Washington State specific..
1.) Assuming the judgement does not relate to back taxes, or arrearages for child support or alimony, is the principal within my IRA protected?
2.) Are withdrawals from my IRA (I take RMDs each year and actually take more than my RMD as I need that to live on) protected? i.e. if I take a withdrawal from my IRA and deposit it in my checking account, can that be seized? How about if I write checks directly from my IRA to pay major expenses (mortgage, credit card bills etc.) as my broker now allows check writing (or can that be restricted by a court order?)
3.) If the answer to 1.) and 2.) are that I am relatively “safe” that is great. If I am NOT, then how would I become safer? I have a friend who took his TIRA and rolled it over into a 401-K that he started inside of his small business because he was advised that this would give him more protection.. but I have heard that the Federal protection only is up to $1mm, whereas I had THOUGHT that Washington State gave 100% protection?
Your IRA-centric perspective will add to whatever input I get from my estate planning attorney when I engage him/her shortly.
Thank you!!
Permalink Submitted by William Tuttle on Sat, 2018-06-23 14:58
Like I said above, simply reading state statutes or relying on ranom anonymous internet sources will not give you a definitive answer. If you have significant assets at risk, a consultation with a local lawyer is your best option.
Permalink Submitted by Seth Poppel on Mon, 2018-06-25 18:08
Thank You!! I WILL contact a WA-state attorney to get their input, but from what you said it sounds as though I do not pick up any additional protection by rolling over my TIRA into my small-business 401-K?? Thx.