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#2130826 - 05/17/17 07:16 PM Conservatorship and IRAs
LSmith Offline
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LSmith
Joined: Dec 2002
Posts: 703
We have a customer that has been appointed Conservator over a ladies' account. What do we do with her IRAs? Does it stay the same? Can the Conservator access any of the IRA funds? Do we leave it in the owner's name or do we change the styling to Conservatorship?

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#2130848 - 05/17/17 08:31 PM Re: Conservatorship and IRAs LSmith
Elwood P. Dowd Offline
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Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
There are no federal regulations that address the handling of IRA's in a conservatorship. The answer to your question is entirely a matter of the law of your state and, specifically, the statute that spells out the powers of a conservator. Your bank's attorney should know...

It's not your responsibility, but I would want to point out to the conservator that a withdrawal from an IRA has income tax consequences for the ward, it's not the same as just taking money out of a checking account. Having dealt with amateur fiduciaries, it is unrealistic to assume they know anything.
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