• Facebook
  • Twitter
  • Instagram
  • Youtube
Call Us: (626) 355-4000
Cali Law
  • Home
  • Get Started Here
    • Estate Planning Basics
    • Single Parents
    • Married with Children
    • Life Partners with Children
    • Those Without Children
  • Who We Are
    • About Marc G. Garlett
    • How We Are Different
    • Meet Our Team
    • Our Office
    • Client Testimonials
  • Our Services
    • Estate Planning
    • Trust Administration
    • Probate Administration
    • Legacy Preservation
    • Community Outreach
  • Common Questions
  • Blog
  • Contact Us
  • Menu
estate planning 91024

Supreme Court Decision Makes Inherited IRAs Fair Game in Bankruptcy

Asset Protection, Estate Planning Blog, Inheritance, Retirement

estate planning 91024A recent U.S. Supreme Court decision changes the way inherited IRAs are viewed when it comes to bankruptcy, which means those who inherit these retirement account assets must find new ways to protect that inheritance.

In Clark v. Rameker, Heidi Heffron-Clark inherited an IRA from her mother. She received distributions from that inherited IRA for several years before filing Chapter 7 bankruptcy. Ms. Heffron-Clark relied on the Bankruptcy Code, which states that IRAs are exempt up to $1.245 million from bankruptcy, to claim her inherited IRA qualified for the retirement account exemption.

In a unanimous ruling, the Supreme Court disagreed, distinguishing inherited IRAs from other IRAs established by an individual for his or her own retirement. Because the beneficiary of an inherited IRA cannot make contributions to that IRA, an inherited IRA does not provide any tax incentives, which is an important purpose of other IRAs. Since the beneficiary of an inherited IRA has different rules for taking distributions than other IRA owners, this also establishes inherited IRAs as different from other IRAs. These differences, the Court reasoned, are enough to disqualify an inherited IRA from qualifying for the federal bankruptcy exemption.

Even though some states offer protection for inherited IRAs in bankruptcy, a move to another state that does not offer this protection can endanger inherited IRA assets. IRA owners who wish to provide their heirs with valuable protection should consider naming a trust as beneficiary of IRA assets instead of heirs, who could instead be designated as beneficiaries of that trust.

The Court did not address spousal inherited IRA beneficiaries; however, since a spouse is allowed to roll over an inherited IRA into his or her own account, this may qualify a spousal inherited IRA for the bankruptcy exemption for retirement funds.

Keep this in mind as you plan for the safe, successful transfer of your assets to the next generation.

To you family’s health, wealth, and happiness,
Signature - Marc

October 27, 2014/0 Comments/by CaliLaw
Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on Linkedin
  • Share by Mail
https://www.calilaw.com/wp-content/uploads/2013/11/img2.jpg 70 80 CaliLaw https://www.calilaw.com/wp-content/uploads/2020/02/Cali-Law-Logo-A5-1-300x99.png CaliLaw2014-10-27 19:53:022014-10-27 19:53:02Supreme Court Decision Makes Inherited IRAs Fair Game in Bankruptcy
0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Blog Categories

  • Asset Protection
  • Beneficiaries
  • Blended Family
  • Business Succession Planning
  • Common Mistakes
  • Dementia
  • Digital Estate Planning
  • Divorce
  • Education
  • Elderly
  • End of Life
  • Estate Planning
  • Estate Planning Blog
  • Family
  • Family Values
  • Financial Caregivers
  • Gifting
  • Healthcare
  • Inheritance
  • Insurance
  • Kids Protection Planning
  • Legacy Planning
  • Long-term Care
  • Marc's Personal Blog
  • Medicare
  • Naming Legal Guardians
  • News
  • Parents
  • Personal
  • Pets
  • Power of Attorney
  • Probate
  • Real Estate
  • Retirement
  • Same Sex Couples
  • Special Needs Children
  • Spendthrift Trusts
  • Taxes
  • Trusts
  • Uncategorized
  • Wills
  • Wills vs. Trusts

Get In Touch

Phone

(626) 355-4000

Address

100 West Lemon Avenue, Suite 202
Monrovia, California 91016

Schedule a Complimentary Consultation

Simply Fill Out This Form

0 + 2 = ?

How to Ensure a Lifetime of Care for a Special Needs Child Legacy Planning 91024 Halloween Candy Linked to Blown Inheritance … Somewhat
Scroll to top