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Old 11-24-2021, 12:08 PM   #41
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Originally Posted by MuirWannabe View Post

Trying to reflect that in a IRA beneficiary designation is not possible. IRA beneficiary designations are for more basic scenarios only. Because of this, we have declined to name secondary beneficiaries on our IRA accounts
For us too, the standard IRA beneficiary designation form was not adequate to denote our wishes, which involve the IRA going to a Trust under certain conditions. Our attorney constructed a "rider" to the IRA beneficiary form which was accepted by the custodian. So it may be possible for you to effect a more complex beneficiary scheme, potentially including a Trust, with a similar "rider". Of course, this should be done only with the advice of an attorney. The "rider" we filed was not something I could have composed myself.

Originally Posted by MuirWannabe View Post
we want the trust in the will to be in effect for the IRA money as well.
Leaving an IRA to a Trust requires the advice of a Trust and Estates attorney competent in this area, and and not all are. Some of the issues:

-If the Trust is not drafted properly, the IRA may have to be distributed into the Trust in five years instead of ten. To be clear, this does not mean it necessarily has to be distributed to the beneficiary from the Trust, that depends on the terms of the Trust, but it may have to be distributed from the IRA to the Trust which has tax implications.
-It sounds like you intend this be an Accumulation Trust. Since the SECURE Act requires distribution of the IRA in ten years for a non eligible designated beneficiary, to the extent you accumulate income and distributions in the Trust without passing them through to the beneficiary, they will be taxed at accelerated rates compared with individual tax brackets. It can be a trade off between protecting the funds from misuse by the beneficiary and increased taxation. Just something to be aware of and have considered, especially post SECURE Act.

Here is an excellent though somewhat dense article from Michael Kitces which discusses leaving IRA's to Trusts:
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