Termination of see-through trust

I have a see-through conduit trust named as sole bene on Dad’s IRA. Dad’s three kids are sole equal-share benes of that trust. Dad died earlier this year.

Trust language does not provide for any sub-trusts. Kids want to break up bene account three ways, take their respective share as a bene IRA account in their own name, and take RMDs based on their own respective life expectancies.

My understanding is that all of these requests cannot be accomplished. I believe that the best we can do is 1.) wait for the trust to dissolve; 2.) then split the account up three ways, with each kid named as owner on their own respective bene IRA; but 3.) all accounts must keep stretching based on the life expectancy of the oldest trust beneficiary.

Am I right on that? OR if the trust dissolves before the end of the year, could we allow each kid to stretch on their own L.E.?

Please and thank you!



  1. The trust can be dissolved at anytime if the provisions allow for that, but that does not change the fact that the trust inherited the IRA as a non individual. If dissolved, the trust beneficiaries can have their own inherited IRAs, but the RMD divisor does not change.
  2. The separate account rules do NOT apply to trusts, but the beneficiary determination date does. For example, if a trust beneficiary elects a full payment of their share of the IRA (or disclaims) no later than 9/30 of the year following owner’s death and the trust allows that, the remaining trust beneficaries would take RMDs based on the oldest of the remaining trust beneficiaries. If a beneficiary is paid off after that 9/30 date, that beneficiary must still be considered in determining who the oldest beneficiary is.
  3. This is basically correct if no beneficiary take a full distribution before the 9/30 date.

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