Trenton, NJ asked in Estate Planning for New Jersey

Q: Is it better to list beneficiaries on 401K and Ira accounts or make to estate?

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2 Lawyer Answers
Christopher J. Basner
Christopher J. Basner
  • Haddonfield, NJ
  • Licensed in New Jersey

A: More information is needed to advise you how to proceed.

That being said, in general, naming a beneficiary is often better than letting the 401k pass to the estate, and thus probate.

Zaher Fallahi
Zaher Fallahi
  • Estate Planning Lawyer
  • Los Angeles, CA

A: Generally, the retirement plans go to their designated beneficiary named in their respective documents, and do not go through the estate. Whenever, I prepare an estate plan, I discus the legal and tax ramification of the particular retirement plan with client and leave it outside the estate plan. Good luck.

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