The Retirement Plan Trust:
Asset Protection for Your Inherited IRAs and Other Retirement Plans
A retirement plan such as an IRA, Roth IRA, 401k, 403b, 457, etc., may be the most valuable asset you own, with a long term value that may exceed that of your home or other investments.
Unfortunately, the impact of federal estate taxes, federal income taxes, and California income taxes can significantly reduce the value of your retirement plan to your heirs up to 80% or more.
Additionally, without proper planning, a retirement plan may need to be cashed out by your heirs in a lump sum or no more than five years, increasing the likely tax burden.
The “inherited IRA” refers to the fact that certain retirement plans may designate someone other than your surviving spouse as the beneficiary, giving them the ability to “stretch out” the payout of the retirement plan over the lifetime of the beneficiary. This can result in more wealth for the family in the long term. Unfortunately, due to confusion and lack of knowledge, the “stretch out” of the retirement plan payments is often lost completely. Additionally, depending on where in the country a beneficiary lives, an inherited IRA may offer no asset protection from loss by the beneficiary due to divorce, bankruptcy, creditors’ claims, disability, drug, alcohol, or gambling abuse, or financial immaturity.
I am as close as your telephone, fax, or e-mail, when it comes to scheduling a free one-hour initial consultation. I am generally available during office hours, and usually can return after-hours calls, faxes and emails by the next business day.
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Attorney Robert P. Bergman, Board Certified Specialist in Estate Planning, Trust and Probate Law, assists families in the San Francisco Bay Area with Estate Planning, Special Needs Planning for children and adults, special planning for retirement plan assets, and trust administration.