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Published byAlexia Carson Modified over 6 years ago
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Choosing the Right Beneficiary (for the Right Reasons)
Daniel Timins, Esq., CFP® The Law Offices of Daniel Timins 477 Madison Avenue, Suite 240 New York, NY 10022 (212)
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Why the Right Beneficiary Matters
The right person gets the money Tax Savings You control your estate’s destiny You protect your family
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When Beneficiaries Apply
Joint Accounts Retirement Plans Life Insurance TOD (Securities) & ITF (Bank) Accounts Wills & Trusts
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The Worst Beneficiary: Your Estate!
Retirement & Life Insurance is protected from your creditors…unless your Estate is the Bene Retirement Plans MUST be distributed within 5 years Court, Attorney & Accountant fees are increased Takes more time to collect funds (because of Probate)
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Best Retirement Plan Beneficiary: Your Spouse
Younger spouse can transfer to her IRA and use her Required Minimum Distribution rate RMDs increase as you age: 71 year old = 3.77% RMD 93 year old = 9.6% RMD Younger spouse can defer taxes / withdraw slowly Older spouse can keep it in deceased spouse’s IRA Name a “See Through” Trust as Contingent Bene Creates an “Inherited IRA” using each child’s life expectancy
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Best Life Insurance Beneficiary: A Trust
Proceeds may avoid estate taxes & grows estate tax free Spouse can still have full access to funds Can set terms for children “No drug dependency” Pay in increments Separate from child’s marital assets Spouse / child doesn’t even need to be a Contingent Beneficiary
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The Low Down on Joint Accounts
The Good: Avoids Probate (easy to transfer) Survivor can “Renounce” other spouse’s half If between spouses: Considered 50% / 50% The Bad: Usually more taxes at survivor’s death If between non-spouses: Assumed 100% / 0% Source of friction between siblings
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Best Beneficiary for Other Assets: TOD, ITF, Revocable Trusts
Easy to collect All avoid Probate (but not estate taxes) “Private” Transfers Less contention between children siblings
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