Legal Question in Wills and Trusts in Florida

Trusts as IRA beneficiaries

Want to set up a qtip type trust as beneficiary for an IRA, but wish the final beneficiary to be a charity. Can it be done and still maintain spouses ability to use her life expectancy for RMDs?


Asked on 6/26/07, 4:20 pm

1 Answer from Attorneys
Thomas Shigo The Shigo Law Firm, P.A.

Re: Trusts as IRA beneficiaries

If the surviving spouse is the sole beneficiary then the spouse may elect to be treated as the owner for purposes of the RMD rules. However, this election is not permitted if a trust is the designated beneficiary - even if the surviving spouse is the sole beneficiary of the trust. If there is no election then the RMD Single Life Table is used.

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Answered on 6/27/07, 9:01 am


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