Perkasie, PA asked in Divorce and Estate Planning for Pennsylvania

Q: Is there a way to protect an inherited IRA and any distributions from a spendthrift spouse or divorce?

Is an inherited IRA protected from a divorce? If distributions from an inherited IRA are made into an account solely in the name of the IRA recipient, are those distributions protected from divorce? Can those distributions be made directly to the recipient's living trust that has a co-trustee (sibling for example) who must also approve excessive withdrawals (to block a spendthrift)?

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1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: Drafted correctly, a trust or trusts as beneficiary(ies) would not have any different tax consequences than naming individual beneficiaries. Look for an attorney in your area that understands how to draft a "see-through" retirement plan trust.

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