The Retirement Protection Trust™

The Estate Planning Secret Other Attorneys Won’t Tell You

Most estate planning attorneys all sound the same. They throw around the same tired phrases: “Protect your family,”“Preserve your legacy,” and “Gain peace of mind.” It’s all so generic that it makes estate planning sound like a commodity, like shopping for a budget airline ticket.

But let me ask you: Would you trust a bargain-bin attorney with hundreds of thousands - maybe even millions - of dollars of your retirement savings? At Monteforte Law, we do things differently; that's why we created the Retirement Protection Trust™

The Retirement Protection Trust™ was designed to address the gaps in traditional estate planning, especially for IRAs and retirement accounts like 401(k)s and 403(b)s. Most attorneys won’t tell you that leaving your IRA directly to your kids or grandkids is a massive mistake - one that could cost them hundreds of thousands of dollars in unnecessary taxes, wasted inheritance, or even a legal battle with an ex-spouse or creditor. These attorneys aren’t trying to hurt you  - they just don’t know any better!

In 2022, Congress passed SECURE ACT 2.0, and it quietly reshaped how inherited IRAs work. Most estate plans created before this law are now outdated, leaving beneficiaries with higher tax burdens and less financial security.

Before SECURE 2.0, beneficiaries could stretch inherited IRA distributions over their lifetime, keeping taxes low. Now? Most non-spouse beneficiaries must liquidate the entire IRA within 10 years, forcing them to pay massive taxes on those withdrawals.

What does that mean for your heirs?

• If your child is in their peak earning years when they inherit your retirement account, those forced withdrawals could push them into a much higher tax bracket, wiping out 40% or more of the value in taxes.
• If your grandkids inherit the retirement account, they could be required to cash it out before they even know how to manage money responsibly—leading to reckless spending or lost opportunities for long-term growth.
• If your beneficiary is married and later gets divorced, half of that retirement account could end up in the hands of their ex-spouse.
• The inheritance could be seized if your child has creditors or gets sued.
• This is why we developed the Retirement Protection Trust™—because we saw too many families making the same mistakes, not realizing the financial disaster they were setting up for their loved ones.

Who Is This Trust For?

Let’s be clear: This is not for everyone. The Retirement Protection Trust™ is exclusively for individuals or married couples with over $250,000 combined in IRAs or other retirement accounts who want to ensure their hard-earned savings are managed, preserved, and passed down correctly - without unnecessary tax burdens, legal risks, or family conflicts.

We know that this is an exclusive group. If you made it into this elite category, then you deserve an estate plan that will protect the asset you’ve worked so hard to earn. If that sounds like you, keep reading.

Why Leaving an IRA to Your Heirs the “Traditional” Way Is a Mistake

Most people assume that naming their kids or grandkids as IRA beneficiaries is enough. It’s not.

When you leave your IRA outright to a beneficiary:

• They’re forced to cash it out within 10 years, with only a few slim exceptions that don’t apply to most people, and end up paying tens or even hundreds of thousands in taxes.
• If they get divorced, their ex could take a chunk of the money.
• If they get sued or go bankrupt, creditors can take it.
• If they spend it irresponsibly, it’s gone forever.
• If they have special needs or are on government benefits, the inheritance could disqualify them.

How the Retirement Protection Trust™ Solves These Problems

• Toggle Switch Technology: The trust allows different solutions to be “toggled” on and off, depending on the beneficiary’s situation at the time of inheritance. No more guessing or wishing for a crystal ball – we don’t need to see the future because the trust can adjust at that time! This is truly a revelation in trust planning.
• Tax-Smart Distributions: The trust allows for structured withdrawals, so your heirs don’t take massive tax hits all at once. Instead, the funds are distributed on a schedule that works for their financial situation.
• Legal Protection from Lawsuits and Divorces: Assets inside the Retirement Protection Trust™ are shielded from lawsuits, creditors, and ex-spouses. That money stays where it belongs—with your family.
• Ensures Responsible Us: If you’re worried about an heir spending the inheritance too quickly, the Retirement Protection Trust™ provides controlled distributions over time, preventing bad financial decisions.
• Protects Beneficiaries with Special Needs: If your heir has special needs or receives government benefits, an outright inheritance could disqualify them from critical programs. This trust ensures they receive financial support without jeopardizing benefits.
• Grows the Inheritance: Instead of forcing a rapid liquidation, the trust allows your IRA to continue growing tax-deferred, maximizing its long-term value.

One of our clients, let’s call him John, had an IRA worth $500,000. He originally planned to leave it to his two adult children outright. If he had done that, under SECURE ACT 2.0, they would have been forced to liquidate the account within 10 years, paying nearly 40% in combined federal and state taxes. That means $200,000 would have gone to the IRS—money that should have stayed in his family.

Instead, we helped him set up a Retirement Protection Trust™, ensuring:

 

✔ His children received smaller, tax-efficient withdrawals over time instead of one massive taxable lump sum.

✔ The IRA continued to grow, adding another $300,000 in long-term value over 20 years.

✔ The trust protected the inheritance from divorce claims and lawsuits—his kids kept every penny.

John’s family kept over $500,000 that would have otherwise been lost to taxes and legal risks.

You Have One Chance to Get This Right. Don’t Leave It to the Government to Decide For You!

Most estate planning attorneys won’t even talk about this. Why? Because they don’t specialize in advanced wealth protection. They don’t know what this trust is, how it works, or how to draft the highly-complex provisions that the regulations require. The government makes it tough, on purpose! Most lawyers, even so-called specialists, just don’t know how to do this. We do. This is your money. Your family’s future. You’ve worked too hard to let the government take what isn’t theirs.

Reserve Your Seat at Our Upcoming Seminar

We don’t just hand out generic estate plans. We educate. Join us for an exclusive seminar where we’ll walk you through:

✅ The must-have legal documents every family needs.
✅ How to protect your assets from taxes, creditors, and the nursing home.
✅ The biggest estate planning mistakes - and how to avoid them.
✅ Real-life case studies that show what happens when you don’t plan ahead.

This seminar is free, but space is limited. Reserve your spot now. Don’t make the mistake of assuming your IRA will be handled the right way. Learn how to make sure it is.