HOW DO I TRANSFER AN IRA AND UTILIZE THE UNIFIED TAX CREDIT?

[Guest AdhLaw]

I am planning a fair size estate, approximately 1/3 real estate and cash; 1/3 in Husband's IRA which he will begin drawing next year; and 1/3 in Wife IRA which she will begin drawing in 2004. They want to put their IRAs into credit shelter trusts. I am not sure of the best way to do this. Can there be an outright transfer of the IRA with the client retaining withdrawal rights? Should there be a bequest in their LW&T of their IRAs to these trusts? Or should I only have the beneficiary of the IRA changed with the Custodian? Further, how do you value the IRA to offset againt each person's unified tax credit? I have read articles in Lawyers Weekly USA dealing with the minimum distribution requirements and the stretch out election and feel like I have a handle on those issues. Can any one please help me on the transfers?

[Guest artrose]

Read Noel Ice's treatise or refer to Natalie Choate's book for the law and suggested language.