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Leaving money to those you choose: Here’s what can override your wishes even if you have a will

by Priya Shah – Business Editor

Unexpected roadblocks Could Override Your Will’s⁤ Instructions for Inherited ‍Funds

WASHINGTON – Millions of Americans could unknowingly be leaving the⁢ distribution of ​their retirement savings to chance, even with a valid will ⁣in place. While a will ⁣dictates how assets like property and personal belongings are distributed, it doesn’t automatically govern the⁢ payout of ‌funds held in accounts like ⁣401(k)s and​ IRAs. Beneficiary designations on these accounts⁣ take precedence, potentially overriding your intended wishes and leading to unintended consequences for your loved ones.

This‍ discrepancy stems from the ⁢way retirement accounts are structured. Directly naming children on ⁤a 401(k) account results in immediate payout to them, regardless of their age or financial preparedness.⁣ However,‍ establishing a trust and naming it as the beneficiary allows for controlled distribution, dictating how and when funds are managed and dispersed. “Think through how​ that money will flow to those beneficiaries,” advises financial planner ⁢David Gottlieb. ⁣”You may want the money to stay in the trust for a long​ period‌ of time or you may want it paid out over a specific number of years.”

The issue is especially‍ pressing now as life circumstances change – marriages, divorces, births,​ and financial‍ shifts -‍ often rendering outdated beneficiary designations inaccurate.Many individuals have⁢ busy lives and numerous financial accounts established over time, leading to oversight. A recent review of beneficiary designations is crucial, especially considering evolving⁣ regulations like the federal Secure Act, which mandates ⁤beneficiaries take distributions from inherited⁤ IRAs over a fixed timeframe.

Beyond simply naming‍ beneficiaries, careful consideration must ‍be given to the tax implications and legal requirements‌ surrounding ⁢these distributions.Failing to update designations or properly utilize trusts can led to unexpected tax burdens and ⁢a loss of control over how your assets are‍ ultimately distributed. it’s a critical reminder to ⁢check existing designations and ensure they align with your current​ wishes, or to establish them if ⁤they haven’t ⁢already been done.

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