Retirement Accounts, Trusts, and the SECURE Act: Strategic Approaches to Distribution & Planning

Salvatore J. LaMendola
Salvatore J. LaMendola | Giarmarco, Mullins & Horton, P.C.

Salvatore J. LaMendola, Esq. has been a member of the Trusts and Estates Practice Group at Giarmarco, Mullins & Horton, P.C. since 1996.

On-Demand: February 20, 2025

3 hour CLE

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Program Summary

This 3-hour CLE program, "Retirement Accounts, Trusts, and the SECURE Act: Strategic Approaches to Distribution & Planning," is designed to equip attorneys with essential knowledge and strategies for navigating the complexities of retirement account distributions, trust planning, and tax implications in light of recent legislative changes. Through three focused sessions, participants will gain a deep understanding of how conduit trusts and accumulation trusts operate, and the significant impact of the SECURE Act on retirement planning. Attendees will explore the nuances of required minimum distributions (RMDs), the benefits and limitations of naming trusts as beneficiaries, and advanced strategies for minimizing taxes and protecting assets. This program is tailored for estate planning attorneys, financial advisors, tax professionals, and others involved in retirement and trust management, providing practical tools to enhance their advisory capabilities in estate and retirement planning.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Retirement Account Structures & Distribution Essentials
  • Conduit Trusts: Rules, structure, and use
  • Accumulation Trusts & Advanced Distribution Strategies

Closed-captioning available

Speakers

Salvatore J. LaMendola | Giarmarco, Mullins & Horton, P.C.

Salvatore J. LaMendola, Esq. has been a member of the Trusts and Estates Practice Group at Giarmarco, Mullins & Horton, P.C. since 1996. Sal received his J.D. from the Notre Dame Law School and holds a B.B.A. from the University of Notre Dame. His main practice areas are general estate planning; amending irrevocable trusts through trust decanting, exercises of power of appointment, and other techniques; pre-death and post-death planning for IRAs and other retirement plans; and charitable planning with charitable remainder trusts, charitable lead trusts, and private foundations. Sal is a member of the Probate & Estate Planning Section of the State Bar of Michigan. He is also a regular continuing education presenter for legal education webinar providers Rossdale of Miami, FL and Strafford of Dallas, TX. He also serves on Strafford’s Estate Planning Advisory Board and on the Interactive Legal Practice Advisory Board.

Agenda

I. Retirement Account Structures & Distribution Essentials | 1:00pm – 2:00pm

  • Defined contribution plans vs. defined benefit plans
    • Differences, advantages, and risks (401(k)s, IRAs, pensions, etc.)
    • How they affect retirement planning
  • Required Minimum Distributions (RMDs)
    • When must distributions begin?
    • Roth IRA & Roth 401(k) exclusions
  • Trusts as beneficiaries of retirement accounts
    • Trusts’ role for asset protection, special needs planning, and estate planning
    • Pros/cons of naming a trust as a beneficiary
  • Why the SECURE Act changed RMDs for many retirements accounts
  • Qualified vs. non-qualified beneficiaries and their tax responsibilities
  • Options for RMDs to minimize tax consequences

Break | 2:00pm – 2:10pm

II. Conduit Trusts: Rules, structure, and use | 2:10pm – 3:10pm

  • Definition & purpose: A trust that distributes all RMDs and retirement proceeds directly to the trust’s beneficiary as they are withdrawn
  • Key features of conduit trusts
    • They always qualify as “see-through trusts”
    • Secure tax advantages depending on the beneficiary’s situation
  • Challenges Post-SECURE Act
    • Many beneficiaries no longer qualify for lifetime payout distributions
    • Pre-SECURE Act conduit trusts may inadvertently lead to early distribution taxation
  • Spouse beneficiaries or individuals not more than 10 years younger can benefit
  • Special considerations for minors, disabled beneficiaries, or chronically ill individuals
  • They’re limited by 10-year distribution schedules unless special exceptions apply
  • Conduit trusts can disqualify means-tested benefits for certain groups

Break | 3:10pm – 3:20pm

III. Accumulation Trusts & Advanced Distribution Strategies | 3:20pm – 4:20pm

  • Definition: Accumulation trusts allow RMDs or retirement distributions to remain in the trust rather than being distributed immediately to the beneficiary
  • Key benefits
    • Flexibility for long-term financial planning
    • Options for managing distributions for minors, disabled beneficiaries or chronically ill beneficiaries
  • Conduit trusts
    • Trustee distributes all RMDs directly to the trust beneficiary
    • Simpler tax reporting but less flexibility
    • Limited ability for long-term estate planning
  • Accumulation trusts
    • Trustee retains RMDs and has discretionary distribution powers
    • Tax planning flexibility & greater asset protection
    • Can be adjusted to fit estate needs for beneficiaries
  • Navigating the SECURE Act & strategic impacts
    • The SECURE Act’s 10-year rule and how it affects many non spouse beneficiaries
    • Adjusting estate plans in light of these 10-year payout windows
    • How accumulation trusts can mitigate the risk of tax overreach, delays, or distribution misalignment
  • Advanced strategies for asset protection & tax minimization
    • Special needs beneficiaries & tax-qualified charitable gifting strategies
  • Planning for disabled/chronically ill individuals or minor children
  • Trust customization, beneficiary tax planning, and strategic distributions

Credits

Alaska

Approved for CLE Credits
3 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
3 General

Arkansas

Approved for CLE Credits
3 General

Arizona

Approved for CLE Credits
3 General

California

Approved for CLE Credits
3 General

Colorado

Pending CLE Approval
3 General

Connecticut

Approved for CLE Credits
3 General

District of Columbia

No MCLE Required
3 CLE Hours

Delaware

Pending CLE Approval
3 General

Florida

Approved via Attorney Submission
3.5 General

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
3 General

Hawaii

Approved for CLE Credits
3.6 General

Iowa

Pending CLE Approval
3 General

Idaho

Pending CLE Approval
3 General

Illinois

Approved for Self-Study Credits
3 General

Indiana

Approved for Self-Study Credits
3 General

Kansas

Pending CLE Approval
3 Substantive

Kentucky

Pending CLE Approval
3 General

Louisiana

Pending CLE Approval
3 General

Massachusetts

No MCLE Required
3 CLE Hours

Maryland

No MCLE Required
3 CLE Hours

Maine

Pending CLE Approval
3 General

Michigan

No MCLE Required
3 CLE Hours

Minnesota

Approved for Self-Study Credits
3 General

Missouri

Approved for Self-Study Credits
3.6 General

Mississippi

Pending CLE Approval
3 General

Montana

Pending CLE Approval
3 General

North Carolina

Pending CLE Approval
3 General

North Dakota

Approved for CLE Credits
3 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
3 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
180 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
3.6 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
3 General

Nevada

Approved for Self-Study Credits
3 General

New York

Approved for CLE Credits
3.6 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
3 General

Oklahoma

Pending CLE Approval
3.5 General

Oregon

Pending CLE Approval
3 General

Pennsylvania

Approved for Self-Study Credits
3 General

Rhode Island

Pending CLE Approval
3.5 General

South Carolina

Pending CLE Approval
3 General

South Dakota

No MCLE Required
3 CLE Hours

Tennessee

Approved for Self-Study Credits
3 General

Texas

Approved for CLE Credits
3 General

Utah

Pending CLE Approval
3 General

Virginia

Not Eligible
3 General Hours

Vermont

Approved for CLE Credits
3 General

Washington

Approved via Attorney Submission
3 Law & Legal

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
3.5 General

West Virginia

Pending CLE Approval
3.6 General

Wyoming

Pending CLE Approval
3 General

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