Estate Law Questions? Ask an Estate Lawyer.
If an IRA or 401k is left to a beneficiary upon death of its contributor does it have to be part of the trust?
Response 1: No, it does not.
Or is the retirement account not a part of the trust?
Response 2: It really depends on the terms of trust. A trust can be made beneficiary of an IRA/401k. However, it always prudent to leave the IRA or 401k separate from the Trust to avoid complications.
If not part of a trust can the beneficiary be different than those who are named in the trust?
Response 3: Yes.
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