[WSBAPT] Issue with Testamentary Trust being the beneficiary of an IRA

Jenna Brozik jennaprinzlaw at gmail.com
Wed Jul 5 15:06:12 PDT 2017


Mom died November 2012.  IRA was distributing the minimum distribution to
the Trustee of the Trust since for the benefit of the son.  Now they will
not keep distributing to the Trustee since the Trust is no longer in
effect...everything goes to the son at age 30.

Jenna Brozik
Attorney at Law
Prinz & Brozik PLLC
445 S Grand Ave
Pullman, WA 99163
(509)338-0908 / (509) 338-3527 (fax)
jennaprinzlaw at gmail.com


On Wed, Jul 5, 2017 at 2:50 PM, Heather deVrieze <
heatherd at westseattlelaw.com> wrote:

> When did mom die? Has anything happened with the account after death?
>
>
>
> Heather
>
>
>
> Heather S. de Vrieze
> *Attorney-at-Law*
>
> *[image: cid:image001.jpg at 01D013C2.30F35160]*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500 <(206)%20938-5500>
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] *On Behalf Of *Jenna Brozik
> *Sent:* Wednesday, July 05, 2017 2:32 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Issue with Testamentary Trust being the beneficiary
> of an IRA
>
>
>
> List mates,
>
>
>
> Here is the scenario.  The mother died leaving everything to her son in a
> testamentary trust.  (not living trust).  According to the trust, he
> received 1/2 her assets when he turned 25 and the remainder of the trust he
> is to receive at age 30.
>
>
>
> He has now turned 30.  The mother listed his trust as the beneficiary of
> her IRA.  Now the company that runs the IRA is saying that since he is 30
> he is to receive all of the IRA (at once with all the tax consequences)
> because that is the language of the trust.  They have refused to roll it
> over into an IRA in his name and they have refused to continue to give him
> the minimum distributions.
>
>
>
> Does anyone have any suggestions?  There was already a probate which was
> closed last year.
>
>
>
> Thank you,
>
> Jenna Brozik
>
> Attorney at Law
>
> Prinz & Brozik PLLC
>
> 445 S Grand Ave
>
> Pullman, WA 99163
>
> (509)338-0908 <(509)%20338-0908> / (509) 338-3527 (fax)
>
> jennaprinzlaw at gmail.com
>
>
>
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