An inherited individual retirement account (IRA) is not protected from the claims of creditors of the beneficiary because following the death of the IRA owner the account is not a “retirement account” within the meaning of 42 Pa.C.S. § 8124(b)(1)(ix). Jones v. McGreevy, 270 A.3d 1, 2022 PA Super 8 (1/11/2022).
[DBE Comment: In “Rights of Creditors in Non-Estate Assets,” it was suggested that an IRA remains exempt from the claims of the creditors of the account owner following the death of the account owner, and that conclusion does not seem to be affected by the Jones decision, which addressed claims of creditors of the beneficiary and not creditors of the account owner. Nevertheless, the article has been updated to include a citation to this decision.]