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For IRA and Keogh plans paid to trusts.It is recommended that you not make the trust a beneficiary of any Individual Retirement Plan or Keogh. There is a risk that the trust may not be deemed a qualified beneficiary of your plan. The result would be that your heirs would not be able to enjoy an extended period of years to defer income taxes by taking minimum withdrawals. In the event that the trust was deemed to not be a qualified beneficiary, income taxes would not be deferred. As a result there would be a lumpsum income tax on the entire retirement plan. It would be better to name individuals as primary or contingent beneficiaries. A charity or "estate" or other entity would likewise not be considered a qualified beneficiary because it is not an individual. If a particular beneficiary is such a bad candidate for a beneficiary designation due to drugs, gambling, improvidence, spendthrift or other condition, and it would be worth the risk of possible adverse income taxes, then and only then, name the trust as a beneficiary using the Trustworthy E-Z Form funding letter for IRA/Keogh lumpsum distributions. Then sign the special amendment form for IRA/Keogh distributions. Place the form with your original trust in your safety deposit box and place a copy in the 3 ring binder in the trust section. Click here for Special IRA/Keogh Amendment Download
SPECIAL AMENDMENT TO MAKE GIFTS (for reduction of estate taxes. Check your trust to see if you have Article Six, paragraph 6.25. This would be one of the last paragraphs in Article Six. If you do not have this paragraph, you may wish to add it to your trust if your estate approaching $1,500,000 or could easily exceed the $1,000,000 exemption for estate taxes in the year 2011. The form will allow your trustees and property managers under your durable power of attorney to make the tax free $11,000 annual exclusion gifts if you are unable to do so yourself, due to incapacity. Download the form, then sign the special amendment form for gift giving. Place the form with your original trust in your safety deposit box and place a copy in the 3 ring binder in the trust section. Click here for free Gifting Amendment!
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