Standalone Retirement Trusts (SRTs)

The SECURE Act framework

Pre-SECURE: Most non-spouse beneficiaries could "stretch" required minimum distributions over their own life expectancy. A 30-year-old inheriting a parent's IRA could spread distributions over decades.

Post-SECURE (effective January 1, 2020): Most non-spouse beneficiaries are "non-eligible designated beneficiaries" subject to the 10-year rule -- entire inherited account must be distributed within 10 years of owner's death. SECURE 2.0 (December 2022) added clarifications.

The 10-year rule and the eligible-designated-beneficiary categories both sit in the required-minimum-distribution provisions of 26 U.S.C. § 401(a)(9)1. The practical consequence is blunt: an inherited account that once could have stretched across a 30-year-old beneficiary's working life now compresses into a decade, and the compression usually pushes those distributions into the beneficiary's highest-earning, highest-bracket years. That is the problem an SRT is built to manage -- not by changing the 10-year deadline, which it cannot, but by controlling who receives the money, when, and with what protection around it.

Eligible designated beneficiaries retain extended distribution options:

• Surviving spouses (unique rollover and inheritance rights).
• Minor children of the original owner (until age of majority, then 10-year rule).
• Disabled beneficiaries (continuing life-expectancy stretch).
• Chronically ill beneficiaries.
• Beneficiaries not more than 10 years younger than the original owner.

Why name a trust, rather than a person, as the IRA beneficiary.

Naming an individual directly on the beneficiary form is simple, and for many families it is the right answer. But the beneficiary form hands the account to that person outright -- on the day it is inherited, the money is theirs, exposed to their creditors, their divorce, their judgment, and their spending. A trust named as beneficiary keeps the inherited account inside a structure you designed, governed by terms you chose, administered by a trustee you selected. That trade -- additional structure and cost in exchange for control and protection -- is what the following benefits buy.

• Creditor-protection planning. A properly drafted trust can protect the beneficiary's trust interest from many beneficiary-level creditors, divorces, lawsuits, and bankruptcies, subject to trust terms and governing law.
• Distribution control. Trustee controls timing and amount of distributions to beneficiary -- reducing lump-sum dissipation risk.
• Special-needs protection. Trusts for disabled beneficiaries can preserve SSI, Medicaid, and other means-tested benefits when drafted and administered correctly.
• Estate-planning coordination. Trust integrates with the broader plan rather than passing assets independently to beneficiaries.
• Multi-generational continuation. Trust can hold IRA inheritance for the beneficiary's lifetime and pass remainder to grandchildren under specific structures.
• Tax planning flexibility. Some structures optimize within the SECURE Act 10-year window.

See-through trust requirements

Under Treas. Reg. § 1.401(a)(9)-4(b)1, a trust designated as IRA beneficiary must satisfy:

1. Valid trust under state law.
2. Trust is irrevocable, or becomes irrevocable on the owner's death.
3. Beneficiaries are identifiable from the trust document.
4. Documentation provided to the IRA custodian by October 31 of the year after the owner's death.
5. All beneficiaries (for look-through purposes) are individuals -- not estates or non-charitable entities.

A trust meeting see-through requirements is treated as if its individual beneficiaries were the direct beneficiaries for distribution-rule purposes. A non-see-through trust faces less favorable rules.

Why this matters in practice: an inherited IRA distribution is income in respect of a decedent under 26 U.S.C. § 6912 -- it is taxable to whoever receives it, and it never received a step-up in basis at death. Qualifying as a see-through trust does not erase that tax, but it preserves the longer distribution timeline the beneficiary categories allow, which is what gives a trustee room to spread the income across years rather than absorbing it in a single compressed event. A drafting slip that costs the trust its see-through status can collapse that timeline, which is why these five requirements are treated as gating items rather than formalities.

Conduit or accumulation -- the choice that drives the whole design.

Almost every SRT decision flows from one fork: when an RMD lands in the trust, does it pass straight through to the beneficiary, or can the trustee hold it? That single question determines how much control the trust keeps, how exposed the assets are to the beneficiary's creditors, and which income-tax rates apply. The SECURE Act 10-year rule shifted the calculus -- the two structures behave very differently once the entire account must come out within a decade.

• Conduit trust. RMDs from the inherited IRA pass through the trust and are immediately distributed to the beneficiary. Trust acts as a pass-through. Pre-SECURE, conduit trusts allowed beneficiary life-expectancy stretch with trust-level control during distributions. Post-SECURE, conduit trusts require distribution of the entire account within 10 years -- the beneficiary receives the full amount on the 10-year mark. The structure preserves trustee control during the 10 years but produces a large terminal distribution.
• Accumulation trust. RMDs pass into the trust; trustee has discretion to retain or distribute. Provides stronger distribution control and creditor-protection planning. But trust income tax rates apply to accumulated amounts -- compressed brackets reach the top rate at relatively low income levels. Post-SECURE, accumulation trusts are increasingly favored because the 10-year forced distribution makes conduit trust's terminal distribution problematic; accumulation trusts allow continued protection beyond the 10-year window for assets retained in the trust.

SRT structure for non-eligible designated beneficiaries

For non-eligible designated beneficiaries (most non-spouse beneficiaries post-SECURE):

• Account must be fully distributed from IRA to SRT within 10 years.
• Distribution from IRA to SRT may be in any pattern during the 10 years -- front-loaded, back-loaded, year-by-year, or lump-sum at year 10.
• Income-tax planning considers the beneficiary's expected income across the 10 years; distributions can be timed to manage the beneficiary's tax brackets.
• Accumulated amounts in the SRT continue under the trust's distribution terms for the beneficiary's lifetime or as specified.
• Accumulation-trust-style SRTs can provide ongoing creditor-protection planning beyond the 10-year window for assets retained in trust.

Annual RMDs during the 10 years depend on when the owner died. Under the 2024 final regulations (Treas. Reg. § 1.401(a)(9)-51; T.D. 10001), if the original owner died on or after the required beginning date (RBD), a non-eligible designated beneficiary must take annual required minimum distributions in years 1 through 9and empty the account by the end of year 10. If the owner died before the RBD, no annual distributions are required in years 1-9 -- the beneficiary may distribute in any pattern so long as the account is fully distributed by the end of year 10. This distinction changes SRT drafting: an accumulation SRT inheriting from an owner who died post-RBD must be prepared to receive and tax annual RMDs, not just a year-10 lump sum.

The special-needs SRT, where the rules actually help the family.

Disabled or chronically ill beneficiaries can be eligible designated beneficiaries -- preserving life-expectancy stretch. The SRT for a special-needs beneficiary should be drafted to:

• Qualify as an eligible-designated-beneficiary look-through trust.
• Function as a third-party special-needs trust preserving SSI/Medicaid eligibility.
• Coordinate with our special-needs trust page.
• Address the beneficiary's lifetime needs without triggering benefits loss.
• Designate appropriate remainder beneficiaries on the special-needs beneficiary's death.

The design decisions we work through with you.

• Single trust vs. multiple sub-trusts. Some SRTs hold all retirement assets in a single pool; others create separate sub-trusts for each beneficiary (often cleaner administratively and for see-through compliance).
• Trustee selection. Often a combination of family trustee and corporate trustee, particularly for substantial accounts.
• Distribution standards. HEMS for tax/creditor protection; broader discretion where appropriate.
• Spendthrift provisions. Typically included to support the creditor-protection planning that motivates many SRTs.
• Successor trustees. Multi-level succession provisions for long-duration trusts.
• Pour-over coordination. Pour-over from will / revocable trust into the SRT at death.

When an SRT is the wrong tool -- and we will tell you so.

An SRT earns its complexity only when there is something to protect or control. Where there is not, the honest answer is a clean beneficiary designation, and we say so. These are the situations where an SRT often adds cost without adding value:

• Spousal beneficiary -- a surviving spouse's rollover and inheritance rights generally produce better outcomes than a trust structure in most situations.
• Small IRA balances (roughly $200K and below) -- the administrative cost and trust-tax friction may outweigh the benefit.
• Charitable beneficiary -- a qualifying charity is ordinarily exempt from income tax on inherited retirement distributions, so a direct designation is usually simpler and avoids losing that exemption inside a trust.
• Sophisticated adult beneficiaries with no creditor, divorce, or distribution-control concerns -- a direct designation may suffice.
• Families for whom simplicity is the overriding priority and the protections an SRT offers are not needed.

How New Jersey law affects the plan.

The SECURE Act framework is federal, but the SRT lives inside a New Jersey estate, and a handful of state-law points shape the drafting. None of them changes the federal see-through analysis -- they sit on top of it.

• New Jersey generally does not impose state-level limitations on retirement-account beneficiary designations beyond federal law, so the federal rules largely control the structure.
• New Jersey income tax on trust income generally tracks the federal allocation between the trust and its beneficiaries.
• Under New Jersey's transfer inheritance tax, N.J.S.A. 54:34-1 et seq.1, the tax depends on the beneficiary's relationship to the decedent: Class A beneficiaries (spouse, children, grandchildren, and other lineal descendants) are typically exempt, while Class C, D, and E beneficiaries may incur tax. Where an SRT's remainder beneficiaries include siblings, more distant relatives, or unrelated beneficiaries, the inheritance tax can matter and is modeled at planning.
• New Jersey generally allows a revocable living trust to serve as an IRA beneficiary through a pour-over arrangement -- but the trust must still satisfy the federal see-through requirements to obtain favorable distribution treatment.