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posted on June 16, 2014

Are Inherited IRAs Subject to Creditor Claims?

The answer is YES.

On June 12th the Supreme Court of the United States handed down a decision stating that Inherited IRA’s are subject to the claims of creditors. For anyone who inherits an IRA, creditors or a spouse in a divorce can attach that inheritance if not properly planned. Even a surviving spouse can have a problem if he or she does not roll the IRA over into his or her own IRA.

One way to protect the IRA inheritance of any beneficiary is to use a qualified trust as beneficiary.  Our office, for example, has a qualified trust that solves this problem.

Filed Under: Arizona, Asset Protection, court, Courtroom, creditors, Estate Planning, Individual retirement account, inheritance, Inherited IRAs, IRA, James G. Knollmiller, Kevin McFadden, Knollmiller & Arenofsky LLP, Living Trusts, Traditional IRA, trust Tagged With: Blockquotes

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480-345-0444
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Practice Areas

  • Estate Planning
  • Probate, Trust, and Estate Administration
  • IRA and Retirement Planning
  • Inheritance Issues
  • Estate Tax Issues
  • Complex Estate Planning
  • Family Agreements
  • Business Organizations
  • Business Transactions
 

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Knollmiller & Arenofsky, LLP

1745 S Alma School Road, Suite 130
Mesa, AZ 85210
Phone: 480-345-0444
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Phoenix estate planning attorneys serving the metro area, including Tempe, Chandler, Mesa, Gilbert, Scottsdale, Apache Junction, Ahwatukee, Payson, Show Low, Sedona, Casa Grande.

Also serving Maricopa County • Pinal County • Gila County • Yavapai County • Coconino County

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Knollmiller & Arenofsky, LLP
1745 S Alma School Road, Suite 130
Mesa, AZ 85210

Phone: 480-345-0444

Send us a message

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New Office Hours

Beginning January 2, 2023, our office will be closed on Fridays (other than tax matters during tax season).  We will be open during our normal hours Monday through Thursday to serve you.