Trust Dispositions of IRAs and Qualified Plans: Conduit vs. Accumulation Trusts, SECURE Act, Key Trust Provisions

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, October 5, 2021

Recorded event now available

or call 1-800-926-7926

The CLE course will provide estate planning professionals with a thorough and practical guide to clients' planning and structuring considerations with qualified retirement plans. The panelist will address the specific planning issues involving pre-mortem allocation and post-mortem disposition provisions of IRAs and other qualified plans, structuring trust provisions, changes under the SECURE Act, and utilizing accumulation trusts and conduit trusts.


The most valuable asset many taxpayers hold is their tax-deferred retirement accounts, including 401(k) and other qualified plans. Estate planners must ensure that those qualified plan assets are protected from creditors and accelerated distribution and other events that serve to deplete their value.

A valuable estate planning tool for protecting qualified plans is structuring trusts to pass ownership of the qualified plan. These "see-through" trusts can provide beneficial flexibility in a comprehensive estate plan. However, the SECURE Act changed the rules and restrictions on using trusts as tax-favored IRA beneficiaries forcing attorneys and advisers to reduce tax burdens and avoid potential tax traps.

In addition, the 2019 year-end tax law changes regarding stretch IRA and other defined contribution plan benefits (including 401ks) have a substantial impact on trusts and estate planning strategies. Estate planners must understand the nuances of these new tax rules and essential drafting techniques for optimum tax planning.

Listen as our experienced panelist provides detailed guidance, including sample language, to help you master the intricacies of drafting trusts with qualified plans and structuring vehicles to dispose of those plans in a tax efficient and compliant manner.



  1. Accumulation vs. conduit trusts for holding qualified plans
  2. SECURE Act tax implications and pitfalls to avoid
  3. Drafting trust provisions to ensure tax efficient disposition of qualified plans
  4. Best practices and additional considerations for estates and trusts counsel


The panelist will review these and other priority issues:

  • Limiting income tax issues for a designated beneficiary under current law
  • Drafting considerations for payments of IRAs, etc. to trusts
  • Drafting trusts to achieve optimum income tax basis step-up at the beneficiary's death
  • Reducing the tax burdens of the SECURE Act
  • Essential drafting techniques and solutions for trusts and estates counsel


LaMendola, Salvatore
Salvatore J. LaMendola

Giarmarco Mullins & Horton

Mr. LaMendola specializes in charitable planning and planning for retirement plan benefits. He is the editor of the...  |  Read More

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