[WSBAPT] IRA trust with no trust in existence...

[Christopher Small]

Interesting problem just entered my office. Here's the short story (any
thoughts would be greatly appreciated).

1. Mom dies in 2014 with a revocable living trust.
2. No one can find a complete trust (i.e. pretty much any of the trust) so
the estate is probated and closed without mention of the trust.
3. In 2017 it comes to light that mom listed as the beneficiary on her IRA
account her trust.
4. Required distribution cut from IRA account the non-existent trust.
5. There is no where to deposit this check because there is no way to open
an account for a trust that doesn't technically exist.

I am trying to see if there are any docs on file with the IRA custodian.

There may also be a way to change the beneficiary on the IRA account itself
(there is a successor trustee listed on the IRA account) - by the way,
these are my spitball thoughts right now...

Any insight would be appreciated.

Cheers,

Christopher Small
CMS Law Firm LLC <http://cmslawfirm.com>
150 Lake St. S., Suite 218
Kirkland, WA 98033
206.659.1512


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