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Old 12-16-2007, 05:51 PM
NVST4U@gmail.com
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Default Re: minor beneficiaries

On Dec 11, 1:30 pm, ness...[at]yahoo.com wrote:
- quote -

> Hi,
> This question is being triggered because Fidelity does not seem to
> allow a testamentary trust to be a beneficiary of an IRA or brokerage
> account.
> If my wife and I both die, and the will sets up a testamentary trust
> for our minor children; and the children themselves (not the trust)
> are contingent beneficiaries of an IRA, will the IRA be automatically
> folded into the trust?
> Additionally, would the answer be the same for life insurance? 401ks?
> 529 plans?
> Thanks


I work at Merrill Lynch and 'happened onto your email' I will ask our
internal Trust Attorney for you and get back.

  #1  
Old 12-12-2007, 01:54 AM
joetaxpayer
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Default Re: minor beneficiaries

nesss01[at]yahoo.com wrote:

- quote -

> Hi,
> This question is being triggered because Fidelity does not seem to
> allow a testamentary trust to be a beneficiary of an IRA or brokerage
> account.
> If my wife and I both die, and the will sets up a testamentary trust
> for our minor children; and the children themselves (not the trust)
> are contingent beneficiaries of an IRA, will the IRA be automatically
> folded into the trust?
> Additionally, would the answer be the same for life insurance? 401ks?
> 529 plans?


Why don't you just set up an actual irrevocable trust, with a proper
TIN, and use that?

I'm a bit out of my league regarding the 'testamentary trust' but I do
have experience with revocable and irrevocable trusts, which can be the
beneficiary of the above.

You need to be very careful on the wording of the trusts to make sure
the stretch provisions of inherited IRAs and now 401(k)s are not lost
upon receipt by the trust. It's too easy to mess these up. Seek proper
council (i.e. a trust attorney) if you go that way.
JOE

 
Old 12-12-2007, 01:49 AM
kastnna
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Posts: n/a
Default Re: minor beneficiaries

You can accomplish your goals by specifying your estate as the
contingent beneficiary of you various accounts and insurances. This
will pass all the accounts through your estate and into the trust. Of
course, the accounts will pass through probate.

  #-1  
Old 12-11-2007, 06:30 PM
nesss01@yahoo.com
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Posts: n/a
Default minor beneficiaries

Hi,

This question is being triggered because Fidelity does not seem to
allow a testamentary trust to be a beneficiary of an IRA or brokerage
account.

If my wife and I both die, and the will sets up a testamentary trust
for our minor children; and the children themselves (not the trust)
are contingent beneficiaries of an IRA, will the IRA be automatically
folded into the trust?

Additionally, would the answer be the same for life insurance? 401ks?
529 plans?

Thanks

 

Tags
beneficiaries, minor
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