Using Inherited IRA assets to pay creditors

I’m aware that Illinois allows a creditor to go after Inherited IRA assets, in both bankruptcy and non-bankruptcy situations.

Is there any way someone handling a non-probate estate can use the Traditional IRA funds of the deceased to pay creditors, before Inherited IRA accounts are created for beneficiaries and the year-of-death RMD is taken? Or would they have to wait for a creditor to take action (if they chose to)?

I’m pretty sure the answer is no, but I will ask anyways.



Correct, this cannot be done. Once owner passes, only the designated beneficiary has an interest in the account and the custodian will not make a distribution until a proper inherited IRA is established by that beneficiary. 

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