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Trusts & Estates

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Trusts & Estates

Supreme Court Holds Inherited Iras Are Not Protected From Creditors, Marking Strong Planning Opportunity

By: Jeremiah Barlow, JD

In its unanimous decision, the U.S. Supreme Court held in Clark v. Rameker, 573 U.S. (2014), that funds in an inherited IRA are not considered “retirement funds”, and thus, are not exempt from the debtor’s bankruptcy estate. As a result, a debtor’s bankruptcy trustee may consider the inherited IRA to be an asset of the bankruptcy estate and available to satisfy creditors’ claims.

What can you do to protect your clients and their heirs? A standalone retirement trust (SRT) might be the answer. Learn more about the background of this landmark case and strategies you can employ to provide asset protection for your clients through the generations.

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