[WSBAPT] SNT and IRAs

[Paul Neumiller]

Listmates: H & W make contributions to traditional IRAs and Roth IRAs over
the years.  W dies and leaves a Will with all of her assets going to a
special needs trust (“SNT”) for H.  There is no “Super Will” provisions in
the Will for non-probate assets.  H is presumably the sole beneficiary on
the non-probate assets.  H opens probate as the personal representative.
Assume that H wants to transfer as many assets as possible to the SNT.

1.       How does H, as PR, get at and transfer W’s IRAs to the SNT?  Is
this where a waiver would work if H is the only beneficiary listed on the
savings account? What if a waiver doesn’t work because there are alternative
beneficiaries (adult children) on the accounts?

2.       How do Washington’s community laws work here?  Shouldn’t,
technically, ½ of W’s savings accounts go into the SNT and ½ of H’s savings
account go into the SNT?

 

All guidance appreciated.  

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