KMiller Posted August 24, 2022 Posted August 24, 2022 Can it be repaid by the estate or family prior to the Beneficiary taking a distribution?
Bri Posted August 25, 2022 Posted August 25, 2022 Sure. That would also give the beneficiary more sheltered funds rather than a loan default/taxable event to the participant's estate. (Of course the default date may have accelerated upon termination of employment, too.) Luke Bailey 1
MoJo Posted August 25, 2022 Posted August 25, 2022 The plan doesn't care who repays the loan. Indeed, a prudent fiduciary would be hard pressed to *not* accept money in repayment of a loan regardless of the source. Theoretically, I'd be cautious about whether an estate can or should be the one to repay that debt. That's a matter of probate law in the jurisdiction in which the estate is in existence.... The issue in my mind is whether those who would suffer the tax consequences of the loan default are *exactly* the same as those who would benefit from the estate if the loan is not repaid.
Luke Bailey Posted August 25, 2022 Posted August 25, 2022 9 hours ago, MoJo said: Theoretically, I'd be cautious about whether an estate can or should be the one to repay that debt. That's a matter of probate law in the jurisdiction in which the estate is in existence.... The issue in my mind is whether those who would suffer the tax consequences of the loan default are *exactly* the same as those who would benefit from the estate if the loan is not repaid. Mojo, good point, but I think that would be a problem for the estate and its beneficiaries to work out, not a problem for the plan. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
MoJo Posted August 26, 2022 Posted August 26, 2022 11 hours ago, Luke Bailey said: Mojo, good point, but I think that would be a problem for the estate and its beneficiaries to work out, not a problem for the plan. Oh, absolutely. The plan shouldn't get in the middle of it. But if someone (anyone) proffers payment on the loan, the plan should take it. acm_acm 1
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