Guest RJM Posted April 19, 2004 Posted April 19, 2004 Traditional IRA created with form 5305. Designated beneficiary is an irrevocable trust. IRA owner is still alive and competent. Can the beneficiary designation be changed?
Guest ERISA_kid Posted April 19, 2004 Posted April 19, 2004 I can't say that I'm familiar with the IRS prototype for an IRA plan in 5305. However, if the IRA owner is still living and competent, I don't see why the designated beneficiary couldn't be changed. Although the trust may be irrevocable, it is my understanding that naming the trust as the IRA's designated beneficiary doesn't result in an irrevocable transfer to the trust until the IRA owner's death. In this instance, since the IRA owner is still living and competent, he/she should be able to change the designated beneficiary.
ElGuapo Posted April 19, 2004 Posted April 19, 2004 Right, the trust may be irrevocable, but these assets are not yet in the trust. IRA owner may change bene unless for some reason he/she also made an irrevocable beneficiary election.
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