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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 19296
Experience:  B.A.; M.B.A.; J.D.
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If an IRA or 401k is left to a beneficiary upon death of its

Customer Question

If an IRA or 401k is left to a beneficiary upon death of its contributor does it have to be part of the trust? Or is the retirement account not a part of the trust? If not part of a trust can the beneficiary be different than those who are named in the trust?
Liz
Submitted: 1 year ago.
Category: Estate Law
Expert:  Phillips Esq. replied 1 year ago.

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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