Estate and Elder Law

Recent Posts

Status of the Law Regarding Inherited IRAs under Sections 522(b)(3) and 522(d)(12)
Posted on 7 Nov 2011 by Leslie Treff

Although the trend among courts is to exempt inherited IRAs from property of a debtor's estate, districts are divided on this issue. In this Analysis, Leslie Treff reviews the state of the law on the exemption of inherited IRAs under Section 522... Read More

IRA Providers Give Thanks to IRS
Posted on 3 Dec 2010 by Eversheds Sutherland LLP

By Mark Smith , Dan Buchner and Adam Cohen On November 23, 2010, the IRS issued Rev. Proc. 2010-48, providing helpful guidance regarding the amendment and approval of prototype IRAs for a host of statutory changes. With demographic changes driving the... Read More

Senator Baucus Proposes Big Changes to IRAs
Posted on 10 Feb 2012 by Gregory Herman-Giddens

I've been a big proponent of planning to preserve the ability to "stretch" inherited IRAs over the life expectancy of the beneficiary, which allows for tremendous tax-deferred growth. In what came as a big surprise, to me anyway, Senator... Read More

Status of the Law Regarding Inherited IRAs under Sections 522(b)(3) and 522(d)(12)
Posted on 7 Nov 2011 by Leslie Treff

Although the trend among courts is to exempt inherited IRAs from property of a debtor's estate, districts are divided on this issue. In this Analysis, Leslie Treff reviews the state of the law on the exemption of inherited IRAs under Section 522 and... Read More

Morrison & Foerster LLP: Charitable IRA Rollover Provisions Set to Expire
Posted on 15 Dec 2011 by Morrison and Foerster LLP

By Genevieve M. Moore , Morrison & Foerster LLP Since 2006, individuals age 70 ½ and older have had the ability to donate as much as $100,000 from their traditional individual retirement accounts (IRAs) and Roth IRAs to charity, annually... Read More

IRS Updates Model Language for Traditional, Roth, and SIMPLE IRAs
Posted on 13 Jul 2010 by Daniel M Buchner

LEGAL ALERT July 7, 2010 On June 16, 2010, the Internal Revenue Service (IRS) updated its Listings of Required Modification (LRMs) for Traditional IRAs , Roth IRAs , and SIMPLE IRAs . The IRS provides the LRMs as model language to assist sponsors in... Read More

Senator Baucus Proposes Big Changes to IRAs
Posted on 10 Feb 2012 by Gregory Herman-Giddens

I've been a big proponent of planning to preserve the ability to "stretch" inherited IRAs over the life expectancy of the beneficiary, which allows for tremendous tax-deferred growth. In what came as a big surprise, to me anyway, Senator... Read More

Fundamentals of Special Needs Trusts - Inheritance & Lifetime Gifting; Redirecting IRAs
Posted on 19 Jul 2010 by LexisNexis Estate and Elder Law Community Staff

1-3 Fundamentals of Special Needs Trusts § 3.03 Inheritance & Lifetime Gifting Redirecting IRAs In the same way that parents or grandparents sometimes fail to recognize the importance of directing a child/grandchild's inheritance... Read More

Sutherland Legal Alert: DOL Releases Final PPA Participant Advice Regulation
Posted on 7 Nov 2011 by Sutherland Asbill & Brennan LLP

By Joanna Myers and Mark Smith On October 25, 2011, the Department of Labor (DOL) published its final regulation implementing the ERISA prohibited transaction exemptions for participant investment advice enacted in the Pension Protection Act of 2006 ... Read More

McNees Insights on Estate Planning: Who Gets Your IRA? – 6 Common Mistakes
Posted on 10 Apr 2014 by McNees Wallace & Nurick LLC

By David M. Watts, Jr. | Do you want your heirs to have to chase after your 401K or IRA money? Many of us have a significant portion of our assets held in retirement plans, such as 401Ks and IRAs, and your Will does not control who gets your 401K or... Read More

John Dedon On Estate Planning: Is It R.I.P. For IRAs?
Posted on 5 Nov 2014 by John Dedon

In an October online article in The Wall Street Journal , the reporter described how Congress is examining large IRAs, and IRAs holding real estate and closely held business interests. Congress’ concern is that IRA income tax advantages are being... Read More

IRA Providers Give Thanks to IRS
Posted on 3 Dec 2010 by Eversheds Sutherland LLP

By Mark Smith , Dan Buchner and Adam Cohen On November 23, 2010, the IRS issued Rev. Proc. 2010-48, providing helpful guidance regarding the amendment and approval of prototype IRAs for a host of statutory changes. With demographic changes driving the... Read More

Sutherland Legal Alert: DOL Releases Final PPA Participant Advice Regulation
Posted on 7 Nov 2011 by Sutherland Asbill & Brennan LLP

By Joanna Myers and Mark Smith On October 25, 2011, the Department of Labor (DOL) published its final regulation implementing the ERISA prohibited transaction exemptions for participant investment advice enacted in the Pension Protection Act of 2006... Read More

IRS Updates Model Language for Traditional, Roth, and SIMPLE IRAs
Posted on 13 Jul 2010 by Daniel M Buchner

LEGAL ALERT July 7, 2010 On June 16, 2010, the Internal Revenue Service (IRS) updated its Listings of Required Modification (LRMs) for Traditional IRAs , Roth IRAs , and SIMPLE IRAs . The IRS provides the LRMs as model language to assist sponsors... Read More

Morrison & Foerster LLP: Charitable IRA Rollover Provisions Set to Expire
Posted on 15 Dec 2011 by Morrison and Foerster LLP

By Genevieve M. Moore , Morrison & Foerster LLP Since 2006, individuals age 70 ½ and older have had the ability to donate as much as $100,000 from their traditional individual retirement accounts (IRAs) and Roth IRAs to charity, annually... Read More