[WSBAPT] IRA beneficiary with restrictions

[Anna Van Pelt]

Good afternoon,

I would love your thoughts on this scenario.

Decedent designated several charities as beneficiaries of her IRA, and then gave oral instructions to her PR about how those funds should be restricted (for example, to be used as an endowment for scholarships for women). The only written record of the restrictions is the PR's notes. While funds have not yet been distributed, at least one charity has been, shall we say, less than enthusiastic about the restrictions coming from the PR's notes from the conversations with the decedent. Can the PR enforce the restrictions that they received orally from the decedent on the charities as a condition of receiving the funds, or are the restrictions unenforceable because they are not included in the beneficiary designation?

Thanks,
Anna


Van Pelt Law
(206) 635-7250
www.vanpeltlegal.com<http://www.vanpeltlegal.com/>

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