U.S. Supreme Court’s decision in Clark won’t impact inherited IRAs of Missouri residents

more+
less-

Creditors are generally aware that a debtor may shield from collection by creditors assets that the debtor holds in Individual Retirement Account (IRA). However, as more IRA owners die with substantial assets remaining in their accounts, a new question has arisen: Can a debtor exempt an IRA that she inherited from someone other than her spouse?

On June 12, 2014, the U.S. Supreme Court seemingly answered the question when it held that non-spousal inherited IRAs were not exempt because they do not constitute “retirement funds” under the applicable federal statute. (Clark v. Rameker: Opinion here) While this is good news for creditors holding claims against debtors in most states, creditors of Missouri debtors should not pop any Champagne corks.

Debtors can also exempt assets under state law and Missouri is one of only about seven states that explicitly permit inherited IRAs to be exempted. Mo. Rev. Stat. § 513.430.10(f), amended in 2013, says that a debtor may exempt from creditors’ claims any funds held in an IRA whether the debtor’s interest in the IRA “arises by inheritance, designation , appointment or otherwise.” 

Incidentally, a different set of rules apply if the debtor inherited the IRA from a spouse. A person who inherits an IRA from his spouse can elect to rollover the inherited IRA into his own IRA, which would be exempt in all states.

 

 

Topics:  Clark v. Rameker, Debt, Debt Collection, Debtors, IRA, Retirement Plan, SCOTUS

Published In: Finance & Banking Updates, Tax Updates, Wills, Trusts, & Estate Planning Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Thompson Coburn LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »