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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Estate Planning

Date & Time
  • event Date

    Wednesday, June 4, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE/CPE course will provide estate planning counsel with detailed guidance on drafting "see-through" trusts that qualify as IRA beneficiaries under IRS regulations. The panel will explain provisions governing both "conduit trusts" and "accumulation trusts" and offer sample language for both trusts that will meet IRS standards.

Faculty

Nathan Shoff
Partner
Lacy Katzen LLP

Mr. Shoff compassionately assists clients facing the inevitable challenges of aging, sickness, and death by counseling clients on how to put the best estate plan in place for their needs. This involves guidance on what form of an estate plan is most appropriate, whom to appoint as fiduciary of that plan (Power of Attorney Agent, Trustee, Executor), and what kind of property beneficiaries (children, grandchildren, charities, etc.) should receive after a person’s death. Over a decade in practice, he has assisted many individuals and families with planning for their incapacity and death through the effective drafting of Health Care Proxies, Living Wills, Last Wills, Powers of Attorney, Revocable and Irrevocable Trusts. As part of planning for the elderly and disabled individuals, he also counsels clients on public benefits that may be available to help pay for a client’s long-term care. This often involves navigating the complex rules and regulations of the Medicaid program in New York to preserve clients’ assets as much as possible while still obtaining the Medicaid coverage needed to pay for their long-term medical needs

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Phillip Zagotti
Attorney
Mitchell Tax Law

Description

A valuable tool for protecting IRA assets as a component of estate planning is using a trust as an IRA beneficiary. These "see-through" trusts can provide useful flexibility in a comprehensive estate plan and carry income tax consequences and stringent IRS requirements for qualification. Estate planning counsel must know the detailed IRS rules in drafting these "see-through" trusts to meet Required Minimum Distribution (RMD) and income accumulation requirements.

IRA beneficiary trusts generally come in two types: "conduit trusts" and "accumulation trusts." Compliance with specific requirements enable conduit trusts to calculate and distribute RMDs over the lifetime of eligible designated beneficiaries. Notably, IRA beneficiary trusts of any type must be valid under state law, but should also contain specific language and provisions that qualify the trust for see-through treatment.

Whether estate planning counsel is drafting a trust to function as a conduit or an accumulation trust, practitioners must know the rules and required language to avoid severe tax consequences.

Listen as our experienced panel provides detailed guidance, including sample language, to help you master the intricacies of drafting see-through IRA beneficiary trusts.

Outline

  1. Trusts as beneficiaries of an IRA
  2. Conduit vs. accumulation trust
  3. DNI impact and considerations
  4. Drafting provisions for conduit trusts
  5. Drafting provisions for accumulation trusts

Benefits

The panel will review these and other relevant issues:

  • Impact of the SECURE Act, SECURE 2.0, and other regulations
  • Income tax considerations in utilizing a see-through trust
  • What provisions must be included in trust language for a trust to qualify for see-through treatment as either a conduit trust or an accumulation trust?
  • Factors to consider when drafting a QTIP trust as an IRA beneficiary trust