trust trap

The Trust Trap: Why Your Retirement Accounts Don't Belong There

October 30, 20242 min read

As a Certified Financial Planner, I often encounter clients who are eager to organize their finances and secure their legacy. Recently, a client asked me about placing their investments, including IRA annuities, under their trust. While this might seem like a smart move, it's actually a common misconception that could lead to significant financial headaches. Let's dive into why this isn't advisable and what you should do instead.

The Allure of Trusts

Trusts are powerful estate planning tools. They can help:

  • Avoid probate

  • Provide privacy

  • Offer control over asset distribution

It's no wonder many people want to put everything they own into a trust. However, when it comes to retirement accounts, including IRA annuities, this approach can backfire spectacularly.

The Retirement Account Conundrum

Transferring retirement accounts like IRAs, 401(k)s, and IRA annuities into a trust is akin to opening Pandora's box. Here's why:

  1. Tax Tsunami: Moving these accounts to a trust triggers a full distribution. Imagine your entire retirement savings suddenly counted as income for one year. Hello, massive tax bill!

  2. Goodbye, Tax-Deferred Growth: One of the biggest perks of retirement accounts is tax-deferred growth. By transferring to a trust, you're waving goodbye to years of potential tax-free compound interest.

  3. Penalty Box: If you're under 59½, you're not just looking at a tax hit. Add a 10% early withdrawal penalty to the mix. Ouch!

IRA Annuities: A Special Case?

"But what about my IRA annuities?" you might ask. Here's the scoop:

IRA annuities are retirement accounts in annuity clothing. They enjoy the same tax benefits as traditional IRAs. Consequently, they face the same pitfalls if transferred to a trust. Don't let the "annuity" part fool you – these are retirement accounts through and through.

The Smart Alternative

So, if you can't transfer these accounts to your trust, what can you do? Here's your game plan:

  1. Beneficiary Magic: Instead of transferring ownership, name individuals as a beneficiary. This way, you maintain tax benefits during your lifetime while still aligning with your estate planning goals.

  2. Focus on Non-Retirement Assets: Your trust can still be a star player. Transfer non-retirement assets like real estate or regular investment accounts.

  3. Review and Revise: Take this opportunity to review your entire estate plan. Ensure it reflects your current wishes and takes advantage of the latest legal and tax strategies.

The Bottom Line

While the idea of putting all your financial eggs in one trust basket might seem appealing, it's crucial to understand which eggs belong where. Keeping retirement accounts, including IRA annuities, out of your trust preserves their tax benefits and avoids unnecessary penalties.

Remember, smart estate planning isn't about having everything in one place – it's about having everything in the right place.

Have questions about your retirement accounts or estate plan? Don't hesitate to reach out. Your financial future is too important to leave to chance!

Ric Komarek is a CERTIFIED FINANCIAL PLANNER™ and became licensed as an investment advisor in 2007. In 2010 he launched his own Registered Investment Adviser firm. Ric teaches popular classes at Shasta College on retirement, social security, and medicare. He is also the co-host of the radio show Retirement Lifestyles with Patrick McNally

Ric Komarek, CFP

Ric Komarek is a CERTIFIED FINANCIAL PLANNER™ and became licensed as an investment advisor in 2007. In 2010 he launched his own Registered Investment Adviser firm. Ric teaches popular classes at Shasta College on retirement, social security, and medicare. He is also the co-host of the radio show Retirement Lifestyles with Patrick McNally

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