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The primary disadvantage of naming a trust as beneficiary is that the retirement plan's assets will be subjected to required minimum distribution payouts, which are calculated based on the life expectancy of the oldest beneficiary.
A trustee is the person or entity entrusted to make investment decisions in the best interests of plan participants. A trustee is assigned by another fiduciary, such as the employer who sponsors the qualified retirement plan, and should be named in the plan documents.
Since your 401(k) is a non-probate asset, you shouldn't include it in your last will and testament. Even if you did, whoever you name in your beneficiary designation form will override it.
A Retirement Plan Trust is a trust that acts as a shield or barrier to insulate the principal of your qualified retirement accounts such as an IRA or 401K from the trust beneficiary's creditors, a bankruptcy, a lawsuit, or a divorcing spouse after they inherit the accounts from you.
If you are under age 59½, your earnings may be subject to the 10% early withdrawal penalty. If you are over age 59½, you may withdraw before-tax funds (excluding your TVA matching funds) from the 401(k) Plan. You will not pay an early withdrawal penalty; however, your distribution will be taxed as ordinary income.
Trust Agreement The trustee essentially has legal title to the plan assets. The plan's assets are protected from the creditors of the Plan Sponsor. As such, if the employer was to become financially insolvent, the assets would be available to the plan participants and their beneficiaries.
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.
Go to Fidelity.com or call 800-343-3548. Use this form to request a one-time withdrawal from a Fidelity Self-Employed 401(k), Profit Sharing, or Money Purchase Plan account. Possible requests include a one-time, immediate distribution; a qualified or direct conversion to a Roth IRA; or a direct rollover.