How to Control Your IRA Assets After Your Death and Minimize Spendthrift Actions

As our population ages more and more wealth will beaccomplish.
passed between generations. In fact there will beWhy have an IRA transfer all of it's assets to an LLC?
more wealth transferred over the next twenty yearsThe reason is simple and powerful. Once the money is
than in anytime in our country's history. IRA assets willfunded into the LLC, the manager of the LLC will
comprise a large portion of the dollars transferred.control what happens to the LLC assets NOT the IRA
Many will pass IRAs with balances of $100,000+ toowner. In fact, the IRA owner can not be the manager
their children. Many will transfer balances ofof the LLC. Doesn't this result make sense? You may
$1,000,000+. So why should you care?be asking yourself, does this prohibit your son or
What do you think your children will do with $100,000 -daughter from distributing the IRA and getting the
$1,000,000+ cash in an IRA after you have passedmoneyt? The answer is It does. When the IRA
on? Will your children continue to invest the moneydistributes assets what is it distributing? It is actually
wisely and save it for their retirement?distributing the LLC interest and not cash. An IRA
A major concern should be the reality that yourdistribution DOES NOT get the money out of the LLC.
children will do things with that money that you wouldSo your son or daughter in the above example now
not approve of or might even make you roll over inhas ownership of the LLC interest and the manager of
your grave. Just because it took you 30+ years ofthe LLC still controls the money (including distributions
disciplined savings to accumulate the money, shouldn'tto pay estate and income taxes). If the LLC manager
your children have the right to burn through that moneyhas enough discretion in the LLC operating agreement,
in three to six months of self-gratification? Rememberthe manager does not have to take money out of the
there will be income taxes due and potentially estateLLC for any reason he/she does not feel is
taxes as well and even If your children do not blowappropriate.
your nest egg all at once they might slowly burnWhat's not appropriate?
through it over a several year period by spending wellThe list is long and would probably include many
above their normal standard of living. Why would theyfantasies your children held that were not shared by
want to save that money for retirement or youryou. The LLC structure acts much like an irrevocable
grandchild's education when they can buy a new boattrust (IT) after you die. You are probably familiar with
and schedule to take a month long trip to Europe?how ITs are used to make sure our kids spend
Question: if you had the ability to control your IRAinherited money wisely (per the trust agreement and
assets from the grave would you?with the watchful/discretionary eye of a trusted
I believe that well over 80% of those reading thistrustee). An IRA with the LLC structure basically does
article will say yes.the same thing. You would simply setup this structure
How can you control IRA assets from the grave?inside your IRA and have a trusted person or institution
By using a simple LLC (limited liability company). An IRAact as the managing member of the LLC. Direction will
can invest in all sorts of interesting assets including anbe given to the manager of the LLC through a well
LLC interest. There is a specific way an IRA needs todrafted operating agreement. The manager of the
purchase an LLC interest which is outside the scopeLLC not the IRA beneficiary controls the money in the
of this article. However, the transaction is not difficult toLLC.