Legal Question in Wills and Trusts in South Dakota

IRA Beneficiaries

The brokers that have my IRAs tell me that there is no way to specify that the primary beneficiary must survive me by ''x'' amount of time to get the $$ or it goes to the contingent beneficiaries. Apparently it goes immediately to the primary, and if he dies at the same time I do, it goes to his estate. It seems to me that most other instruments for passing property do allow a 30-45 day window that your heir(s) must survive you, or their share is divided among the other heirs. How can that be done with an IRA? Maybe make a trust the beneficiary? How convoluted would that be?


Asked on 2/12/05, 12:42 am

1 Answer from Attorneys
Gerd Zimmermann zimmermann nielsen & colleagues

Re: IRA Beneficiaries

The first question seems to be why do you want the changes or conditions set. It is correct to use a trust combined with a specific will as the tool to make your wishes come true.

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Answered on 2/12/05, 6:24 am


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