seek the advice of a tax planning lawyer. he will need to review the ira documents to answer your question. ira's pass outside of an estate and are payable to the beneficiar(ies) stated in the policy. if no beneficiary its typically paid to the estate. the disclaimer you refer to is usually a document that must be filed within 9 months of opening the estate. your lawyer will be able to review the documents and advise you on how to avoid this problem.
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I agree with Attorney Tomberg. A disclaimer goes to estate assets. You can try to talk to someone in the bank's legal department to see if there is any way to accommodate your request. Otherwise, you might be looking at a special needs trust for your mother or some other estate planning technique.
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Unfortunately, SSA will not accept a disclaimer and will consider it an unacceptable transfer of assets, for which she could incur a transfer penalty. You don't need a tax attorney, you need a good disability attorney and/or special needs trust attorney to get the IRA distribution into a self-settled trust if she is under 65 or a pooled trust if she isn't.
Carol Johnson Law Firm, P.A. : (727) 647-6645 : email@example.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.Ask a similar question