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Leaving Retirement Plan Benefits to Trusts

By Ellen Schiffer Berkowitz
April 27, 2007

As the baby boomer generation ages, a greater and greater concentration of wealth is being held in retirement plan benefits. Dealing with the complexities of retirement plan benefits, whether it be via a prenuptial agreement or a divorce settlement, is unavoidable. An inadequate understanding of how these plans work can make a significant difference in your client's tax bill. For example, it may make perfect sense, for a variety of non-tax reasons, to make one spouse's retirement plan benefit payable to a trust for the benefit of the surviving spouse. However, such an arrangement may come at the price of significant income tax costs. While it is important to understand and be sensitive to the multitude of factors motivating an individual to leave assets in trust, it is just as important to understand the income tax consequences of this choice.

Leaving Benefits Outright To a Spouse

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