He also informs us that this is the case in Florida and Connecticut as well. In fact, it is probably the case in many, if not most, states.
Most states offer protection against creditors for ordinary IRAs.
The problem is that most of the statutes reference I.R.C. 408 and Roth IRAs are allowed under a new code section, I.R.C. 408A. New Jersey would appear to be OK since they don't reference I.R.C. 408 specifically. As a result, Goldberg and others will be calling for legislative changes in New York State and elsewhere. The real issue is on the conversion side. For example, in today's litigious society, many professionals and others are subject to potential suits for malpractice. It's not serious if state legislatures act quickly to subject Roth IRAs to the same creditor protection as ordinary IRAs.