[WSBAPT] (Charitable) IRA beneficiary with restrictions

[Eva Luchini]

Having worked in nonprofit development, I know that the charity will receive the gift from the IRA custodian without restrictions.  I don’t think you can even ask a probate court to enforce any restrictions on such an asset anyhow, much less verbal ones, nor should you bother trying.

The decedent could have worked with the charity prior to their death and set forth in writing the restrictions on the gift, which the charity would have kept on file and honored.  By choosing not to do that, the decedent missed the step that would have made their specificities reality.  Now it’s a gift for general use and purposes.  Not the end of the world and not at all worth litigating over.


Eva M Luchini, JD
Estate Planning
Special Needs Trusts
Alternatives to Guardianship

Law Office of Eva M. Luchini, PLLC
www.luchinilaw.com
360.817.0007
Eva at LuchiniLaw.com<mailto:Eva at LuchiniLaw.com>

723 NE 4th Ave.
Camas, WA 98607




-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240202/551a4a97/attachment.html>