Stretch IRA with living trust named as beneficiary

Todd D. Schmitz

Case Conclusion Date:January 1, 2012

Practice Area:Elder Law

Outcome:Stretch IRA payments for client while his trust was the beneficiary

Description:Many people cannot name their living trust as a beneficiary of an IRA because the trust does not contain the proper language to prevent it from forcing a distribution over five years or less. However, a properly drafted living trust can preserve the stretch-IRA benefits, while also providing a level of divorce and creditor protection for beneficiaries. This result was achieved for my client whose IRA administrator initially gave him a hard time.

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