An Inherited IRA is Not a ‘Retirement Fund?’ Not a Problem, ‘Trust’ Me

By Kristi R. Sutton, J.D. Candidate, Class of 2015, Penn State The Dickinson School of Law

In light of In re Clark, where the Supreme Court held that Inherited IRA’s are not “retirement funds” within the meaning of § 522(b)(3)(c), the next question for bankruptcy attorneys should be, “now what?” What options are available for people wishing to protect their children’s future assets from creditors? This is where Bankruptcy Law and Estate Planning converge.

In this article, I hope to familiarize bankruptcy practitioners with an option likely to become common advice . . .

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