The Pros and Cons of Naming a Trust as a Beneficiary
Retirement savings accounts are a great way to build a retirement nest egg. But what happens to the money in the account if the account holder passes away?
Typically, account holders designate beneficiaries to inherit the remaining money in the account. The exact mechanism for doing this can get complicated, and things like taxes and required minimum distributions have to be taken into account. The number of beneficiaries named and if they are the benefactor's spouse or not also make a difference. One option is to leave the money to a trust. There are advantages and disadvantages to this option. Read on to learn if it is the best option for you.
In the financial community, this has been a topic of an ongoing debate between estate planning attorneys and financial advisors. For retirement accounts like the Deferred Compensation Plan, savers are given the opportunity to name both primary and contingent beneficiaries – that is, the person or entity who will inherit the account upon the original owner's death. Since retirement plans pass by way of contract directly to a named beneficiary, the often lengthy probate process, attorneys' fees and other costs associated with wills and settling estates are avoided.
Naming a trust as beneficiary is advantageous if your beneficiaries are minors, require special needs, or just simply cannot be trusted with a large sum of money. Some attorneys will recommend a special trust be established as the beneficiary to avoid its assets becoming part of a surviving spouse's estate, all in an effort to avoid future estate tax issues.
The primary disadvantage of naming a trust as beneficiary is that the retirement plan's assets will be subjected to required minimum distribution (RMD) payouts, which are calculated based on the life expectancy of the oldest beneficiary. If there is only one beneficiary, it does not matter as much but it can be problematic if there are several heirs of varying ages: The ability to maximize the deferral potential of the plan's interest is lost under this approach. In contrast, naming individual beneficiaries will allow each beneficiary to take a required minimum distribution based on their life own expectancy, which can stretch a retirement account's earnings out for a longer period of time.
While the retirement account owner is alive, only the owner can change the designated beneficiary of the account. Exceptions may apply if there is an attorney-in-fact, in which a power of attorney includes provisions that appoint that agent to act on the owner's behalf. Similar exceptions apply to conservators, who can be appointed by a court to take care of legal matters for an owner who is unable to do so.
After the retirement account owner's death, the designated beneficiary, including a trust beneficiary, has the option of disclaiming the inherited assets. If the disclaimer is qualified, the assets will generally pass to the contingent beneficiary. If there is no other primary or contingent beneficiaries, the beneficiary will be determined according to the default provisions of the retirement account plan document.