Legacy Planning with Retirement Accounts
By Carl Trevison and Stephen Bearce
Legacy Planning with Retirement Accounts
The popularity and accessibility of retirement plans has resulted in Americans holding a significant portion of their assets in 401(k)s or other employer-sponsored retirement plans and IRAs. For many, these accounts represent the largest portion of their wealth outside of their homes. If you’re like the majority of individuals you will likely need income from these accounts during retirement, or you may have accumulated sufficient other assets to sustain your lifestyle and wish to preserve your retirement assets for your heirs.
An important first step in preserving these assets is to understand the rules regarding retirement plan and IRA beneficiaries to ensure your wishes are fulfilled. The rules affect who inherits the assets, how quickly they are paid out, and the tax consequences. While you should consult with your tax and legal advisor for advice regarding your specific circumstances, the following provides an overview to help you get started.
First, inventory all of your retirement accounts and make sure the beneficiary information is up to date. It’s also a good practice to designate both primary and contingent beneficiaries. A contingent beneficiary will inherit assets only if you have no surviving primary beneficiaries at the time of your death or if they disclaim or refuse the inheritance. Additionally, you can name more than one primary or contingent beneficiary and specify which percentage of the account they should receive.
It’s also a good practice to review your beneficiary designations periodically. Situations affecting designations include death of a beneficiary, divorce, marriage, or the birth of a child or grandchild. Remember, a will does not supersede your beneficiary designations on retirement accounts.
Common beneficiary designation options include naming your spouse, a nonspouse, or an entity such as your trust, estate, or a charity. Whenever possible, you may want to avoid naming an estate as your beneficiary as this requires your assets to enter the probate process.
For married couples naming a spouse may be the natural choice, but there are other reasons why this makes sense. When an IRA passes directly to a spouse, it avoids probate and qualifies for the unlimited marital deduction. Additionally, your spouse has the option to move the assets into an inherited IRA or roll the assets into an IRA in his or her own name. Which option is better depends on the ages of the deceased and surviving spouse and when the surviving spouse may need to take money from the IRA. This ability to roll the assets into his or her IRA is available only for spouse beneficiaries. Both spouses and nonspouses can move the assets into an Inherited IRA.
While it is typical practice for most IRA owners to name a spouse as the primary IRA beneficiary and their children as the contingent beneficiaries, this may require the surviving spouse to take more taxable income from the IRA than he or she really needs. If income needs are not an issue for the spouse and children, then naming younger beneficiaries (such as grandchildren or great-grandchildren) allows you to stretch the value of the IRA out over one or perhaps two generations. A stretch IRA is not a specific type of IRA, it is simply a wealth transfer method that attempts to maximize the tax-advantaged potential of IRA assets by leaving them in the IRA for as long as the law permits. Stretching an IRA simply refers to the ability to take required minimum distributions (RMDs) over the beneficiary’s single life expectancy (term-certain).
Another important point is to understand the difference between the “standard” and “per stirpes” beneficiary designation. Most IRA contracts have a standard designation where your beneficiary must be alive upon your death to inherit his or her share. Some IRA contracts offer a per stirpes designation – in the event a beneficiary predeceases you or refuses the inheritance, then his or her share would pass to their descendants, usually their children. For example, you have designated that your two children are to equally share your IRA assets. If one of your children dies before you do and you have not updated your beneficiary form, without the per stirpes designation, your surviving child would receive 100% of the assets.
While this information offers you education and guidance to get started, you should keep in mind how your retirement accounts fit into your overall retirement income and estate plan. We recommend that you meet with your financial and tax advisor to receive personalized recommendations and create a plan for distributing your retirement assets that suits you and your legacy.
This article was written by/for Wells Fargo Advisors and provided courtesy of Carl M. Trevisan, CFP® Managing Director-Investments and Stephen M. Bearce First Vice President-Investments in Alexandria, VA at 703-739-1455.
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