I had some reservations about writing Chapter 16. Chapter 15 discusses the perils of filling out your own beneficiary forms, and Chapter 16 talks about filling out beneficiary forms. It sounds counter-intuitive, but there is a method to my madness!
The reason I wrote Chapter 16 was because I thought that my readers probably wouldn’t find it very helpful to have me tell them, “Don’t do the wrong thing!” without also offering a very clear explanation of what the wrong thing is. Some folks might be disappointed that Chapter 16 is not a step-by-step guide about the “right” way to prepare your beneficiary designations. Unfortunately, that would have been an impossible task because it is one area of estate planning where a one-size-fits-all approach is definitely not appropriate. Chapter 16 is intended to offer general guidance only, and I hope you’ll consult with a professional about your own situation.
As it is becoming more common to see trusts as part of estate plans, I thought it would be helpful to go over some of the finer points of naming trusts as beneficiaries of your IRA or retirement plans. Frequently, trusts are used to “protect” assets – whether it be from taxes, creditors, or whatever the case may be. If the beneficiary designations of your trust are not precisely accurate, the trust cannot be funded. That means that the money will stay in the retirement plan, and not go in to the trust. Your heirs can try to explain to the IRS that you made a minor mistake when filling out your beneficiary form, and your intentions were really something other than what you wrote. The cost of asking the IRS to agree to your executor’s interpretation of what a beneficiary designation was supposed to be (also called a private letter ruling) is, as of this writing, about $18,000 – and there’s no guarantee that they’re going to agree with your executor anyway. If they don’t agree, then all of the work you went through to establish the trust was for nothing. So why risk the protection that you had hoped to offer by setting up the trust? Please consider using a competent professional to help you with your beneficiary forms!
Chapter 17 continues this discussion by reviewing the different types of trusts you can use as a beneficiary of your retirement plan. Check back soon!
-Jim
A nationally recognized IRA, Roth IRA conversion, and 401(k) expert, he is a regular speaker to both consumers and professional organizations. Jim is the creator of the Lange Cascading Beneficiary Plan™, a benchmark in retirement planning with the flexibility and control it offers the surviving spouse, and the founder of The Roth IRA Institute, created to train and educate financial advisors.
Jim’s strategies have been endorsed by The Wall Street Journal (33 times), Newsweek, Money Magazine, Smart Money, Reader’s Digest, Bottom Line, and Kiplinger’s. His articles have appeared in Bottom Line, Trusts and Estates Magazine, Financial Planning, The Tax Adviser, Journal of Retirement Planning, and The Pennsylvania Lawyer magazine.
Jim is the best-selling author of Retire Secure! (Wiley, 2006 and 2009), endorsed by Charles Schwab, Larry King, Ed Slott, Jane Bryant Quinn, Roger Ibbotson and The Roth Revolution, Pay Taxes Once and Never Again endorsed by Ed Slott, Natalie Choate and Bob Keebler.
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Give Your Heirs as Much Flexibility as Possible

Those of you who have been following me for a while know that that one of my most cherished mantras is “Pay Taxes Later!” An extension of that mantra was my recommendation that, upon your death, your beneficiaries continue to take advantage of the minimum distribution rules to “stretch” your IRA for as long as possible so that they could achieve the maximum tax-deferred growth possible. This used to be a fairly straightforward concept but, with the increase in second and third marriages, as well as non-traditional marriages, it has become much more complicated.

In January of 2015, President Obama proposed eliminating the tax-free benefits of Section 529 college savings plans. Under his proposal, savings would grow tax-deferred, but withdrawals would be taxed as income to the beneficiary (usually the student). His belief was that taxpayers who save in 529 plans are families who can better afford the cost of college than everyone else. In reality, it is estimated that close to ten percent of 529 accounts are owned by households having income below $50,000, and over 70 percent are owned by households with income below $150,000. What isn’t surprising, though, is that the tax revenue realized by this action would have been significant, because as of the end of the 4th quarter of 2014, the assets held in 529 and other college savings plans reached almost a quarter of a trillion dollars. How many students would have been forced to apply for loans if they had been required to pay tax on withdrawals from their college savings plans? Fortunately, the House of Representatives thought differently than the President and, in February of 2015, they passed HR 529. This bill not only maintains the tax-free status of 529 plans, but also makes them more flexible and easier to use. Hopefully the Senate will follow the House’s lead and pass a companion bill with similar provisions.
Some employees have Stock Options, or the option to buy the stock of the company that they work for within their retirement plans. A unanimous Supreme Court decision in 2014 might discourage employers from offering their employees a stake in the business in future years, because they can now be held liable if the value of the stock drops. Employers can now also be held liable under insider trading laws for certain actions they make within the retirement plan, with respects to company stock.
My wife recently told me that she didn’t think that there was anything that could keep me from blogging about my upcoming book, Retire Secure! While she was joking, she was also right, I thought. But then,
The Center for Disease Control annually publishes a document called the National Vital Statistics Report. This report estimates the life expectancy of men and women in the United States. At birth, the life expectancy for a male is 76.7 years and, for a female, 81.4 years. What is interesting about the report, however, is that it shows that, the longer you do live, the more your life expectancy increases. If you’ve already made it to age 65 and are male, you are likely to continue to live until age 83. If you’re a 65-year old female, you can be expected to live until age 85.5. If you’re a male and you’ve already made it to age 80, you can expect to live until age 88.3; an 80-year old female can expect to live until age 89.7. When your life expectancy continues to increase, how can you possibly make sure that the money you’ve saved for retirement lasts for your entire life?