Sent from my Verizon Wireless BlackBerry
From: Michael Kitces <michael@kitces.com>
Sender: "Michael Kitces" <michael=kitces.com@mail74.atl71.mcdlv.net>
Date: Wed, 25 Jun 2014 20:03:23 +0000
To: <mainandwall@gmail.com>
ReplyTo: Michael Kitces <michael@kitces.com>
Subject: Nerd's Eye View - An Inherited IRA Is Not A "Retirement" Account For Bankruptcy Protection Under Clark v. Rameker Supreme Court Case
| | | |
Jun 25, 2014 07:01 am     The bankruptcy code exists to ensure the orderly resolution of situations where the debts and obligations of an individual exceed their assets and their ability to pay their creditors. As a matter of public policy, though, the function of bankruptcy is not merely to facilitate the liquidation of an individual's assets to satisfy their debts, but also the determination of what assets should be protected/exempted even in bankruptcy to allow them to maintain a basic standard of living, in recognition that truly forcing people to liquidate all of their assets to satisfy their debts may simply leave them impoverished wards of the state, ultimately relying on the government and fellow taxpayers for support. Accordingly, the bankruptcy code often protects key assets like a personal residence/homestead, along with retirement accounts. In the new Supreme Court decision of Clark v. Rameker, though, the courts have acknowledged that while the bankruptcy code is intended to protect the retirement accounts of debtors, it is not meant to protect the inherited IRAs that debtors may have been bequeathed by someone else who, by definition, will clearly no longer be using it for their own retirement. Noting that inherited IRAs do not permit contributions, have ongoing distribution requirements regardless of age and retirement, and have no early withdrawal penalties associated with them, the unanimous Supreme Court decision acknowledged that inherited IRAs are effectively "freely consumable" by the beneficiary, and thus should be freely available to the creditors of the beneficiary as well. For those who were counting on the bankruptcy code to protect an inherited IRA, the Supreme Court decision will now leave them exposed. From a proactive planning perspective, the Clark decision will likely make it far more appealing for spousal beneficiaries to roll over inherited retirement accounts rather than leaving them as inherited IRAs, and non-spouse beneficiaries may increasingly prefer to inherit retirement accounts via a trust on their behalf, taking advantage of the "see-through" trust regulations to ensure the inherited IRA can still stretch its distributions to the trust itself. On the other hand, the acknowledgement by the Supreme Court that a retirement account effectively ceases to be a preferential account (for asset protection purposes at least) after the death of the original owner also raises the question of whether Congress' recent proposals to curtail the use of stretch IRAs altogether and force most beneficiaries to use the 5-year rule may soon come to pass as well! (more…) 
Recent Posts
| | | | | | | | |
No comments:
Post a Comment