Profit Sharing Beneficiary Help Needed

[Guest dld]

I inherited a profit sharing plan. My 3 children (under 18 yrs. old) were secondary beneficiaries. I've been told by the plan that I can take all the money out or leave it in. If I leave it in I'm not allowed to make my husband the beneficiary. They won't give this to me in writing. I can't understand why I can take it all out & do whatever I want with it but can't leave it there and change it to my husband. Is there any place I can get info on this?

[Mary Kay Foss]

In general a beneficiary is not allowed to name a beneficiary of their own. Recently some IRA custodians have relaxed this rule but a profit sharing plan must follow the plan document, most of which are fairly rigid.

As a nonspouse beneficiary, you're not allowed to roll your inheritance to an IRA. Many plans make the beneficiary withdraw the funds immediately. Depending on the age of the plan participant (and the plan document again), you may be able to take payments out over a 5 year period.

The plan custodian should be able to give you more information. Keep trying to get something from them in writing. Good luck.

[Everett Moreland]

You might be assuming that whatever is left in your account in the plan at your death goes to your children. That might be an incorrect assumption. It might go to your estate instead, in which case you can provide in your will that it goes to your husband. Ask the plan administrator to give you a copy of the plan and the summary plan description and take them to an employee benefits lawyer for advice.