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Is The IRA Beneficiary Designation of an Irrevocable Trust REALLY Irrevocable?


Build your estate plan online! MyAdvocate is the online solution for creating and maintaining your Will and all other legally-valid estate planning documents. Click the link below to get started! -- For many, their Traditional Individual retirement account (IRA) represents their largest financial asset. Most retirees name adult individuals as their beneficiaries. Yet some IRA owners want to name a trust as a beneficiary of their IRA. Naming a trust as an IRA beneficiary can have adverse income tax consequences. However, if the trust qualifies as a "see-through trust", then after the iRA owner's death, you can through the trust to the underlying trust beneficiaries, and the required minimum distribution rules will apply as if those trust beneficiaries were designated as beneficiaries. One of the four requirements to get the favorable see-through trust tax treatment is that the trust be irrevocable. But just because you name an irrevocable trust as a beneficiary of your IRA does not mean that you cannot change our beneficiary. It is not an irrevocable beneficiary designation. It is an irrevocable trust that is a beneficiary of your IRA. But an IRA owner can change their beneficiary at any time. So you're not locked into anything permanently by naming an irrevocable trust as a beneficiary of your IRA. For prospective law firm clients who want to schedule a free 15 minute initial phone call with Paul Rabalais, go to: This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship. Paul Rabalais Estate Planning Attorney...(read more)



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Individual Retirement Accounts (IRAs) are a popular investment tool for individuals who want to save for retirement. IRAs allow individuals to save a portion of their income in a tax-deferred account, which can grow over time. However, the rules surrounding IRA beneficiary designations can be complex and confusing, especially when an irrevocable trust is involved. In this article, we will examine whether the IRA beneficiary designation of an irrevocable trust is truly irrevocable. Firstly, it’s important to understand what an irrevocable trust is. An irrevocable trust is a type of trust that cannot be revoked or amended once it has been created. This means that once assets have been transferred to the trust, they are no longer under the control of the original owner. An irrevocable trust can be useful for estate planning purposes, as it can help individuals to reduce their estate tax liabilities by removing assets from their taxable estate. When it comes to IRA beneficiary designations, the rules can be complex, especially when an irrevocable trust is involved. A beneficiary designation is a legal document that tells the IRA custodian who should receive the account assets after the account owner passes away. The beneficiary designation can be changed at any time by the account owner, as long as they are still alive and competent. Typically, account owners can name any individual or entity, such as a trust or charity, as their IRA beneficiary. However, when an irrevocable trust is named as the beneficiary of an IRA, the rules change. While the IRA beneficiary designation is technically still revocable, the account owner will need to obtain the consent of the trustee of the irrevocable trust before making any changes. This is because the assets in the IRA will be owned by the trust, not the individual account owner. To make any changes to the IRA beneficiary designation, the account owner will need to work with the trustee to ensure that the changes are consistent with the terms of the trust. So, is the IRA beneficiary designation of an irrevocable trust truly irrevocable? The answer is technically no, as the account owner can technically change the beneficiary designation. However, the process of changing the beneficiary designation is much more complex when an irrevocable trust is involved. This is because the assets in the IRA will be owned by the trust, not the individual account owner. To make any changes, the account owner will need to coordinate with the trustee to ensure that the changes are consistent with the terms of the trust. In conclusion, the IRA beneficiary designation of an irrevocable trust is technically still revocable, but the process of making changes is much more complex. If you are considering naming an irrevocable trust as the beneficiary of your IRA, it’s important to work with an experienced attorney who can help you navigate the complex rules surrounding IRA beneficiary designations and ensure that your estate planning goals are met. https://inflationprotection.org/is-the-ira-beneficiary-designation-of-an-irrevocable-trust-really-irrevocable/?feed_id=78338&_unique_id=6411a15902117 #Inflation #Retirement #GoldIRA #Wealth #Investing #BatonRougeestateplanninglawyer #IRABeneficiaryDesignation #iratrust #IRAT #IrrevocableIRATrust #IrrevocableSeeThroughTrust #LouisianaEstatePlanningAttorney #Louisianaseethroughtrust #NamingirrevocabletrustasbeneficiaryofIRA #RabalaisEstateAttorney #Requirementsofseethroughtrust #secureact #seethroughtrust #Successionlawyer #Trustasbeneficiaryof401k #TrustasIRABeneficiary #WhentonametrustasbeneficiaryofIRA #InheritedIRA #BatonRougeestateplanninglawyer #IRABeneficiaryDesignation #iratrust #IRAT #IrrevocableIRATrust #IrrevocableSeeThroughTrust #LouisianaEstatePlanningAttorney #Louisianaseethroughtrust #NamingirrevocabletrustasbeneficiaryofIRA #RabalaisEstateAttorney #Requirementsofseethroughtrust #secureact #seethroughtrust #Successionlawyer #Trustasbeneficiaryof401k #TrustasIRABeneficiary #WhentonametrustasbeneficiaryofIRA

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