|
Naming an
IRA Trust will Benefit
Heirs | When
setting up an IRA, account holders are asked who they
want to name as a beneficiary. The first thought is
usually a relative or a friend, but there are some
circumstances when it might be better to name a trust.
For example:
You’re concerned that your child might
divorce and want to protect the child's financial
interests;
You want to protect your IRA
beneficiary from creditor and bankruptcy
claims;
You want your children to have your
assets in the event you die and your spouse
remarries.
While you name the trust as beneficiary, you name the
person you want to inherit the IRA as the trust
beneficiary. With an inherited IRA held in trust, the
account should not be subject to a division of marital
property so your child would be protected in the event
of a divorce. Your IRA should also be sheltered from
creditors' claims and bankruptcy.
Let's say
you might want to leave your IRA to your spouse, but not
outright. Your spouse might need help handling large
amounts of money. Or perhaps you and your spouse both
have children from previous marriages and you might want
to provide for your spouse, yet ensure that the balance
of your IRA eventually passes to your own children.
In such situations, a Qualified Terminable Interest
Property (Q-TIP) trust might be appropriate. All the
income generated by a Q-TIP trust must go to the
surviving spouse. However, when the survivor dies, the
trust assets pass to beneficiaries named by the first
spouse to die.
In other words, you leave your spouse lifetime income
but you decide where the rest of the money in your trust
will ultimately go. If the Q-TIP rules are followed,
estate tax on trust assets can be deferred until the
death of the surviving spouse.
(Note that the estate tax exemption will gradually
increase to $3.5 million in 2009. The tax is scheduled
to be repealed in
2010.) |
 |