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The fact that structured settlement annuity payments are tax-free should also be considered in the analysis. If structured settlement annuity payments are utilized where a special needs trust is involved, the payee of the structured settlement annuity payments must be the special needs trust.
A Special Needs Trust (SNT) allows for a disabled person to maintain his or her eligibility for public assistance benefits, despite having assets that would otherwise make the person ineligible for those benefits.
You could leave ½ of the IRA to a SNT as long as the SNT meets the criteria. If a SNT is named, it cannot have a charity as a remainder beneficiary because a charity is not considered a ?life in being?.
An annuity can be owned by a trust, and this may make sense in certain situations. It can have tax advantages and could offer a different path to leaving money for a beneficiary. But there are also situations where naming a trust as the owner of an annuity could have adverse effects and complicate your finances.
In the rulings, the IRS permitted the owner of the grantor trust to be treated as the designated beneficiary of the annuity contract. This allows the grantor of the trust to stretch the benefits over their life or life expectancy.