Needs Trust With An Ira
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FAQ
If you want to leave your IRA funds to a loved one with special needs and not compromise his or her ability to receive public assistance benefits, designate a third-party Special Needs Trust as the beneficiary.
They must be named specifically in the trust document, and a copy of this document must be filed with the 401(k) plan administrator. Under IRS rules, a will cannot override a beneficiary designation form, so you will want to be sure of your wishes.
A trust can indeed hold IRA assets and investments. Here's how it works: An IRA owner creates a trust. This trust is named as the beneficiary of the IRA, so if there is a remaining account balance when the account owner dies, these funds will pass to the trust instead of a direct heir.
Retirement accounts like an IRA, Roth IRA, 401K, 403b, 457 and the like don't belong in your trust. Placing any of these assets in your trust would mean that you're taking them out of your name to retitle them in the name of your trust. The impact this will have on your taxes can be disastrous.
You cannot put your individual retirement account (IRA) in a trust while you are living. You can, however, name a trust as the beneficiary of your IRA and dictate how the assets are to be handled after your death. This applies to all types of IRAs, including traditional, Roth, SEP, and SIMPLE IRAs.