Estate planning for IRA assets can become a complicated business—in addition to maximizing the tax-preferred aspects of IRAs, clients are often torn in searching for ways to allow multiple beneficiaries to reap the benefits of these assets.
While it may initially seem wise to name the surviving spouse as beneficiary, or funnel the account into a QTIP trust established for that spouse's benefit, these strategies can have repercussions that will diminish the value of the IRA assets for the owner's children after the death of the inheriting spouse. On the other hand, in providing for the account owner's children, advisors must remember that inherited IRAs are no longer entitled to the creditor protection benefits afforded to IRAs generally.
To properly provide for both a surviving spouse and children, therefore, clients must seek out more innovative planning strategies—and combining an irrevocable life insurance trust with an IRA trust can provide a tax-savvy solution for clients looking to provide for both surviving spouses and children through the inherited IRA.
The Irrevocable Life Insurance Trust (ILIT)
An irrevocable life insurance trust (ILIT) is an irrevocable trust that is funded with life insurance (in this case, insurance on the life of the IRA account owner). Rather than leaving an IRA to the client's surviving spouse, the client can fund an ILIT for the benefit of that spouse—upon the account owner's death, the life insurance policy proceeds are paid to the ILIT, which will provide income to the surviving spouse for his or her life.
As noted by Julius Giarmarco, Esq., partner and head of the Trusts & Estates practice group at Giarmarco, Mullins & Horton, P.C., "[t]he IRA owner can use his/her RMDs to pay the premiums by making cash gifts to the ILIT." This strategy essentially ensures that the surviving spouse is entitled to a portion of the IRA assets sufficient to provide income for his or her life, while allowing the remaining IRA assets to be stretched over the lifetime of the client's children.
The remaining IRA assets themselves can be left directly to the children as designated beneficiaries, or to a trust established for the benefit of those children (as discussed below).
Adding an IRA Trust
As most advisors are aware, late in 2014 the Supreme Court held that IRAs inherited by non-spouse beneficiaries do not qualify as protected retirement assets and, as such, are not entitled to traditional IRA creditor protection.
(See Enhancing Creditor Protection of IRA Funds, and Building the Modern-Day Stretch IRA: Proceed With Caution.)
Because of this, clients looking to maximize the value of an inherited IRA for their children may wish to name a trust as beneficiary, and the children as beneficiaries of the trust—the trust vehicle can provide creditor protection, and can also allow the client to leave IRA assets to a minor beneficiary without an appointed guardian or conservator.
