Legal Blog
The Weekly Scenario: Minors and the SECURE Act
Question: My mother named my 12-year-old son as the beneficiary of her IRA. Since her grandson is a minor, is he eligible for the exception to the 10-year payout rule under the SECURE Act?
Answer: The heart of the SECURE Act is the mandated payout of many plans in about 10 years after the plan owner dies.
If the beneficiary of the plan is an individual, then, in general, the entire plan balance will have to be paid out by the 10th anniversary of the plan holder’s death.
Minor children are considered what is known as an eligible beneficiary so that the 10-year payout will not apply to them. However, the SECURE Act specifically limits this to a child of the IRA plan holder. It is not applicable to any minor beneficiary. While the grandson is a minor, he is not a child of the IRA plan holder.
As always, if you have any questions or would like to learn more, please contact Steve Shane at sshane@offitkurman.com or .
ABOUT STEVE SHANE
Steve Shane provides strategic counseling to clients in need of estate administration, charitable giving and business continuity planning while minimizing estate, gift, and generation-skipping transfer tax exposure. He offers legal guidance to clients on asset protection and the proper disposition of assets in accordance with the client’s objectives, while employing tax planning techniques such as the use of irrevocable trusts, life insurance planning, lifetime gifts, and a charitable trust. He is also experienced with drafting documents for business planning, the incorporation, and application for exemption for Private Foundations and the administration of decedents’ estates.
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