HCBA Lawyer Magazine Vol. 30, No. 5 | Page 54

SECURE ACT And ESTATE PlAnnIng: EnSURIng YoUR ClIEnT’S PlAn IS STIll UP To dATE Real Property, Probate & Trust Law Section Chairs: Elaine McGinnis – Law Office of Elaine McGinnis, P.A. and Kristin Morris – Shutts & Bowen The SECURE Act has impacted distribution schedules of inherited IRAs and may have O n December 20, 2019, the president signed the Setting Every Community Up for Retirement Enhancement Act of 2019 (“SECURE Act”) into law. 1 The SECURE Act has been touted as one of the most significant pieces of retirement legislation in over a decade and has made significant changes in the way Americans plan for retirement. The passage of the SECURE Act serves as an opportunity to remind clients to review beneficiary designations on retirement accounts. The SECURE Act may alter a client’s choice of beneficiary and may lead a client relying on the stretch IRA as an estate planning device to form trusts to ultimately reexamine their entire estate plan. Prior to the SECURE Act, the stretch IRA served as a life/estate planning strategy that prolonged the beneficial tax status of inherited IRAs to the beneficiary by allowing those monies in the decedent’s IRA to be distributed over the expected lifetime of the beneficiary. This would allow for an extended deferral of taxes. As previously mentioned, this strategy has been affected by the SECURE Act, as it generally mandates that significant tax impacts on beneficiaries. IRAs inherited by non-spouses be paid within 10 years of the plan holder’s date of death. The beneficiary may choose to take no distributions until the 10-year anniversary of the plan holder’s death, but that would mean that the entire inherited amount would be distributed at that time. This may be enough to cause individuals to reexamine their plans, as unlike other gifts, IRAs come with a tax burden. Payable on death accounts have generally been somewhat troublesome, as these typically pass outside of probate, without regard to the client’s will, or their trust. This is why it is imperative that you always know what designations your clients have made as regards to those accounts. Having that information available will allow you to properly advise clients on any potential unforeseen and unwanted consequences brought on by making designations, including issues brought on by leaving funds to trusts that do not contain language designed to deal with any potential tax issues. However, even those that have previously set up trusts that contain conduit or accumulation language may want to review those designations. The death of the stretch IRA means that the majority of beneficiaries of “Conduit Trusts” will have access to the funds much sooner than the Grantor may have originally anticipated. That outcome may be enough to prompt clients to review their estate plan. All in all, the SECURE Act has impacted more than just retirement planning. The new rules and limitations put in place also impact the distribution schemes of inherited IRAs and can have significant tax impacts on beneficiaries. Encouraging your clients to review their beneficiary designations to make sure they are still up to date post-SECURE ACT is necessary to ensure that their estate plan is up to date and still reflects their wishes. n Pub. L. No. 116-94 (Dec. 20, 2019). 1 Author: Luis A. Silva, LL.M. (Tax) – Faehner, PLLC Follow the HCBA on Facebook, Twitter, LinkedIn and Instagram. 52 M AY - J U N E 2 0 2 0 | HCBA LAWYER