[WSBAPT] One spouse's IRA as community property?

[John Creahan]

Hi Ralph,
The IRA funds are presumed to be community property, assuming the were earned during marriage, and one half would be includible in her estate. Titling in one spouse's name is irrelevant to determining whether the account is community.
Are you thinking about possibly funding the credit trust with the IRA assets?
Hope this helps,
John

John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
Now located in the heart of Fremont
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103
206-578-5877


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Ralph Maimon
Sent: Thursday, January 25, 2018 2:09 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] One spouse's IRA as community property?

Folks

My client's wife died.  We are probating her will. There is a credit trust.  The great bulk of the  estate is in the husband's IRA with TIAA.  Any thoughts as to whether the TIAA account would be considered community property, whereby half of its value can be considered part of her estate?

Ralph Maimon
LAW OFFICE OF RALPH MAIMON, P.S.
2811 E. Madison Street, Suite 202
Seattle, WA 98112
(206) 323-0911 Office
(206) 462 1505  Fax
rmaimon at maimonlaw.com<mailto:rmaimon at maimonlaw.com>
www.maimonlaw.com<http://www.maimonlaw.com>

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