By Mary Randolph
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Extra info for 8 Ways to Avoid Probate, 5th edition 2004
A spouse who does sign a waiver can withdraw that consent if the other spouse later names a different beneficiary, unless the signing spouse expressly gave up that right. ) Divorce. If you name your spouse as beneficiary of a 401(k) plan, pension plan, or employer-provided life insurance policy, and later divorce, a number of states have laws that automatically revoke your exspouse’s right to inherit. S. Supreme Court. (Egelhoff v. S. ) The Court’s decision was based on the fact that 401(k) and similar plans, including severance plans and employee savings accounts, are governed by a federal law, the Employee Retirement Income Security Act (ERISA).
And if the money were taken in a lump sum over just a few years, it might bump the recipient into a higher tax bracket. If you die after required minimum distributions have begun. In the year of death, the beneficiary you named must withdraw as much as you would have been required to. After that, minimum distributions are based on the life expectancy of your beneficiary. That person looks up his or her life expectancy (from an IRS table) and then subtracts one every year. For a Roth IRA, which has no mandatory lifetime withdrawals, the options for beneficiaries remain the same as if the death had occurred before required minimum withdrawals had begun.
Your Spouse’s Rights You may not have complete freedom to dispose of the funds in a bank account—even if it’s in your name—as you wish. Your spouse (or in California or Vermont, your registered domestic partner) may have rights, too. It depends on your state’s law. COMMUNITY PROPERTY STATES NON-COMMUNITY PROPERTY STATES Alaska* Arizona California Idaho Louisiana Nevada New Mexico Texas Washington Wisconsin All other states *Only if spouses sign a community property agreement. 1 / 14 8 WAYS TO AVOID PROBATE You can’t shortchange creditors or family.
8 Ways to Avoid Probate, 5th edition 2004 by Mary Randolph