Trust Dispositions of IRAs and Qualified Plans: Structuring See-Through Trusts and Stretch Provisions

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


Conducted on Tuesday, January 17, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

The CLE/CPE webinar will provide estate planning professionals with a thorough and practical guide to the planning and structuring considerations of clients with qualified retirement plans. The panel will address the specific planning issues involving pre-mortem allocation and post-mortem disposition provisions of IRAs and other qualified plans.

Description

In many instances the most valuable asset taxpayers hold are their tax-deferred retirement accounts, including 401(k) and other qualified plans. Estate planners must ensure that those qualified plan assets are protected not only from creditors but also from 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, but also carry both income tax consequences and very strict IRS requirements for qualification. A critical component of any trust named as a beneficiary of a qualified plan is for the documents to have specific dispositive provisions written into the trust language.

Whether estate counsel is drafting a trust to function as a conduit trust or an accumulation trust, estate planning counsel must know the rules and required language in drafting an IRA beneficiary trust in order to avoid serious tax consequences.

Listen as our experienced panel 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.

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Outline

  1. Accumulation vs. conduit trusts for holding qualified plans
  2. Drafting trust provisions to ensure tax-efficient disposition of qualified plans
  3. QTIP trusts
  4. Special provisions for spouses
  5. RMD considerations for named beneficiaries

Benefits

The panel will review these and other key issues:

  • Provisions that must be included in trust language for a trust to qualify for see-through treatment as either a conduit trust or an accumulation trust
  • Structuring considerations to provide longest possible payout
  • Special factors to consider when drafting a QTIP trust as an IRA beneficiary trust

Faculty

Hartley, Larry
Larry S. Hartley

Strauss Attorneys

Mr. Hartley focuses his practice on estate planning and estate administration, wills and trusts. He counsels his...  |  Read More

Carter B. Webb
Carter B. Webb

Strauss Attorneys

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