SECURE + surviving spouse +see-through trust + residuary beneficiary

Inherited IRA rules state that while a trust generally cannot be a designated beneficiary, if a given trust is a properly-drafted see-through trust, it can be treated as a designated beneficiary. Correct?

So, under SECURE, if an IRA is left to a see-through trust, and the surviving spouse (an eligible designated beneficiary) is sole beneficiary of that trust, that see-through trust can stretch based on SS’s life expectancy. Is that also correct? (I am uncertain because I believe that sole-bene see-though language in SECURE only appears in the section discussing disabled and chronically ill benes. Does that see-though provision grant lifetime stretch to all EDB’s, or just the disabled/chronically ill?)

Assuming all that is correct – would the stretch option be available to a see-through trust where the SS is only entitled to income off the inherited value, while the deceased spouse’s kids (from a prior marriage) are entitled to the residuary once the SS/step-mom dies? Let us assume for now that the money will be invested in a fixed index annuity where the premium is protected against market loss.

SECURE states that residuary beneficiaries are OK so long as they “do not have any right to the employee’s interest in the plan until the death of all such eligible designated beneficiaries with respect to the trust”. However, in this trust, don’t the kids have a present right (if not present access) to the “basis” (i.e., the amount originally inherited from their dad)? If so, does that kill the lifetime stretch, and force the trust down to out-in-10?



  • Basically, correct. In the case of a conduit trust with SS as sole EDB income beneficiary, there is no change as a result of the Secure Act untill the SS passes (then 10 year rule kicks in). No one but SS can receive distributions while SS lives.
  • However, if this is an accumulation trust instead (remainder beneficiaries have access to funds), the 10 year rule will apply unless the EDBs are disabled or chronically ill. A SS EDB would lose their LE stretch. Some discretionary trusts may allow the SS EDB to distribute their share and do a spousal rollover.

Thanks, Alan.  I think that’s the issue.  I don’t think this trust, as written, qualifies as a conduit because the trustee can distribute a payment to the SS each year only to the extent that the RMD contains gain above the original inherited value.  In some years (i.e., a flat market where the account earned nothing), no RMD may be distributed to the SS.  In other years (i.e., with minimal gain), only a portion of the total RMD may be passed on to the SS. With that in mind, I would conclude that this trust must be deemed an accumulation trust since it doesn’t really meet the criteria of a conduit.  SInce the spouse is not a disabled/chronically ill EDB, I would further conclude that the lifetime stretch is lost and the trust is out-in-10.  Based on the facts given, would you agree?

Yes, it is an accumulation trust. 10 year rule.

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