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The RMD Waivers Are Over: Fixing IRA Beneficiary Trusts and Managing the 10-Year Payout

The IRS’s final SECURE Act regulations are in force and enforcement begins in 2025 — stale IRA beneficiary trusts now carry real penalty exposure. Learn to diagnose broken conduit and accumulation trusts, deploy decanting and toggle-provision fixes, calculate missed distributions, and model tax-efficient ten-year payouts.

2026-10-14 12:00:00

Program Details

2026-10-14 12:00:00

2026-10-14 12:00:00

2h CLE Credits

2026-10-14 12:00:00

Program Details

2026-10-14 12:00:00

Program Details

2026-10-14 12:00:00

Over 1,000+ webinars

2026-10-14 12:00:00

Course Overview

Trust language that worked in 2019 may now force the very distributions it was drafted to defer.

2026-10-14 12:00:00

In July 2024, the IRS released final regulations (T.D. 10001) for inherited IRAs held in trust under the SECURE Act. The waiver years are over. Enforcement begins in 2025, and pre-2020 conduit and accumulation trusts must now perform as drafted — or be fixed before penalties attach.

The stakes are concrete. Keep a stale conduit structure, and the ten-year rule can force distributions out early. Miss an annual required minimum distribution, and penalties attach. Misapply the two-track framework, and a trust that could defer to year ten loses that deferral. Documents drafted before 2020 no longer get the benefit of the doubt.

This program is built around work products, not doctrine. Attendees leave with drafting checklists, distribution calculation frameworks, and sample trust language. Sessions move from diagnosing broken trusts to deploying decanting, nonjudicial settlement agreements, and toggle provisions. They close with correcting missed distributions under IRS penalty relief procedures and modeling payouts across the full ten-year window.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
The Final Regulations Decoded
What the July 2024 final regulations (T.D. 10001) changed, what stayed the same, and how the expanded standards apply to pre-2020 see-through trusts.
02
Conduit vs. Accumulation Trusts
The design tradeoffs post-SECURE, the tax consequences of each structure, and the year-10 trap that forces distributions from trusts that once preserved deferral.
03
New Drafting Techniques
How the separate accounting rules and powers of appointment open drafting approaches that preserve meaningful deferral under the 10-year rule.
04
Fixing Stale Trusts
How to remediate pre-2020 documents through decanting, reformation, nonjudicial settlement agreements, toggle provisions, and spousal elections.
05
Two-Track RMD Compliance
How to distinguish pre-RBD from post-RBD deaths under the annual-RMD-versus-year-10-only system and correct missed distributions under IRS penalty relief procedures before 2025 enforcement.
06
Ten-Year Payout Strategy
How to model level, back-loaded, and opportunistic distribution approaches for tax-efficient payouts across the full ten-year window.

Program schedule

clock 12:00 pm - 1:00 pm EST

Drafting and Fixing See-Through Trusts Under the SECURE Final Regulations

This session provides a comprehensive analysis of the IRS July 2024 final regulations governing see-through trusts for inherited IRAs, covering conduit versus accumulation trust design, the new separate accounting rules, and post-death remediation strategies. Attorneys will learn how to diagnose pre-2020 trust documents that no longer function as intended, apply the expanded accumulation trust standards, and use decanting, nonjudicial settlement agreements, and toggle provisions to fix or future-proof existing plans. Attendees will leave with concrete drafting checklists and a clear understanding of which trust structures now trigger forced distribution, and which preserve meaningful deferral under the 10-year rule.

Salvatore J. LaMendolaSalvatore J. LaMendola
clock 1:10 pm - 2:10 pm EST

Administering the Inherited IRA in Trust: RMD Compliance and Distribution Strategy

This session covers the administration of inherited IRAs held in trust under the SECURE Act final regulations (T.D. 10001), with enforcement beginning in 2025. Attorneys will learn how to distinguish the two-track annual-RMD-versus-year-10-only system, calculate and correct missed distributions, and model distribution strategies across conduit and accumulation trust structures. Attendees gain practical competency in trustee compliance duties, penalty correction procedures, and tax-efficient payout planning over the full 10-year period.

Salvatore J. LaMendolaSalvatore J. LaMendola
Salvatore J. LaMendola

Salvatore J. LaMendola

Giarmarco, Mullins & Horton, P.C

Salvatore J. LaMendola

Salvatore J. LaMendola

Giarmarco, Mullins & Horton, P.C

Salvatore J. LaMendola is a shareholder in the Trusts and Estates Practice Group at Giarmarco, Mullins & Horton, P.C., where he has practiced since 1996. His practice centers on estate planning, retirement-benefit planning, the modification of irrevocable trusts, and charitable planning, the drafting and administration questions at the heart of this program.

Education & Credentials

Mr. LaMendola earned his B.S., summa cum laude, from the University of Notre Dame and his J.D. from Notre Dame Law School. He was admitted to the Michigan bar in 1994.

Recognition & Leadership

Mr. LaMendola was selected to the Super Lawyers Rising Stars list in 2008, with additional recognition from 2014 through 2016. He holds several editorial and advisory leadership positions: he is the editor of the firm's monthly E-Update, summarizing current estate planning developments, and assistant editor of the firm's quarterly newsletter covering estate planning, business succession, and charitable planning. He also serves as a Probate & Estate Planning Advisory Board member for the Institute of Continuing Legal Education (ICLE) and sits on Strafford's Estate Planning Advisory Board and the InterActive Legal Practice Advisory Board.

Professional Involvement

Mr. LaMendola is a member of the State Bar of Michigan and its Probate & Estate Planning Section. A regular continuing legal education presenter for the national webinar providers Strafford and Rossdale, he has also presented to the Michigan Association of Certified Public Accountants (MACPA), the National Association of Insurance and Financial Advisors (NAIFA), and the Society of Financial Service Professionals (SFSP), and conducts private continuing education seminars for life insurance and financial planning professionals. His articles have appeared in professional journals including Advisor Today, and his ICLE contributions include the 65th Annual Probate & Estate Planning Institute and the 35th Annual Drafting Estate Planning Documents seminar.

Experience

Over nearly three decades at the firm, Mr. LaMendola has designed customized estate plans employing wills, revocable living trusts, durable powers of attorney for financial matters, and health care powers of attorney. He counsels clients on IRA and retirement-benefit planning, restructures irrevocable trusts through techniques including decanting and powers of appointment, and establishes charitable remainder trusts, charitable lead trusts, and private foundations.
Salvatore J. LaMendola

Salvatore J. LaMendola

Giarmarco, Mullins & Horton, P.C

Salvatore J. LaMendola is a shareholder in the Trusts and Estates Practice Group at Giarmarco, Mullins & Horton, P.C., where he has practiced since 1996. His practice centers on estate planning, retirement-benefit planning, the modification of irrevocable trusts, and charitable planning, the drafting and administration questions at the heart of this program.

Education & Credentials

Mr. LaMendola earned his B.S., summa cum laude, from the University of Notre Dame and his J.D. from Notre Dame Law School. He was admitted to the Michigan bar in 1994.

Recognition & Leadership

Mr. LaMendola was selected to the Super Lawyers Rising Stars list in 2008, with additional recognition from 2014 through 2016. He holds several editorial and advisory leadership positions: he is the editor of the firm's monthly E-Update, summarizing current estate planning developments, and assistant editor of the firm's quarterly newsletter covering estate planning, business succession, and charitable planning. He also serves as a Probate & Estate Planning Advisory Board member for the Institute of Continuing Legal Education (ICLE) and sits on Strafford's Estate Planning Advisory Board and the InterActive Legal Practice Advisory Board.

Professional Involvement

Mr. LaMendola is a member of the State Bar of Michigan and its Probate & Estate Planning Section. A regular continuing legal education presenter for the national webinar providers Strafford and Rossdale, he has also presented to the Michigan Association of Certified Public Accountants (MACPA), the National Association of Insurance and Financial Advisors (NAIFA), and the Society of Financial Service Professionals (SFSP), and conducts private continuing education seminars for life insurance and financial planning professionals. His articles have appeared in professional journals including Advisor Today, and his ICLE contributions include the 65th Annual Probate & Estate Planning Institute and the 35th Annual Drafting Estate Planning Documents seminar.

Experience

Over nearly three decades at the firm, Mr. LaMendola has designed customized estate plans employing wills, revocable living trusts, durable powers of attorney for financial matters, and health care powers of attorney. He counsels clients on IRA and retirement-benefit planning, restructures irrevocable trusts through techniques including decanting and powers of appointment, and establishes charitable remainder trusts, charitable lead trusts, and private foundations.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs