You need to speak with a tax professional. Contributions to an Individual Retirement Account come from an individual's earnings and are limited by the IRS.
If the trust is a spendthrift trust, then no, the beneficiary probably cannot borrow against it. It is up to the lender.
You need to examine the trust instrument for any provisions that may address your question but generally the trust pays trust expenses. Those expenses should come out of the trust funds before the beneficiary is paid. You need to review the document that created the trust is order to determine what the provision are, how the trust is managed and the powers of the trustee.
few weeks
A person with assets sometimes decides to set aside some of those assets in a trust that will pay over the profits, or assets for the use and benefit of another person. A trustee is appointed to act in regards to the trust property. Generally, the power to reinvest the trust property is included in the powers of the trustee. A beneficiary would not be required to sign away rights as a beneficiary so the trust funds could be reinvested. The beneficiary is someone the donor cares about. The trust instrument, written by the donor, directs what the trustee may do with the trust property and how the payments must be made to the beneficiary. The trustee MUST follow the provisions of the trust unless the trust instrument allows her/him to use discretion. To your question: It raises suspicion that the trustee has asked that you "sign away your rights in the trust". You should seek the advice of an attorney who could review the trust and the actions of the trustee and advise you on how you should proceed in order to protect your interests as a beneficiary. Until then, sign nothing.
You can have a trust and file for bankruptcy but the more important question is whether you should given what is in the trust, who transferred the assets into the trust and who is a beneficiary of the trust. If you have set up a trust and have irrevocably transferred all of your interest to assets to the trust then there may be questions of whether the transfers were proper and allowable under bankruptcy law. If you are a beneficiary of a trust the question becomes whether your beneficial interest in the trust is protected when you file for bankruptcy. This will depend on reviewing the facts of how the trust and reviewing the trust documents.
Should the beneficiary of an IRA be trust or the heirs
First, a trust cannot hold your Individual Retirement Account.IRAs can be left to a beneficiary by will. However, it is better to designate a beneficiary with the entity that holds the IRA. The designated beneficiary could be an individual(s) or a trust. However, the rules regarding IRAs are complex and the rules for designating a trust as the beneficiary are strict. You should consult with an expert in estate planning.
A trustee and a beneficiary are essential to a trust. Without a trustee and a beneficiary there is no valid trust. They should not be the same person.
In relation to an IRA account or some similar trust account, the money goes DIRECTLY to the beneficiary and is not a part of the estate at all
No, the inherited funds (beneficiary IRA) have to remain in inherited (beneficiary) form. So the account/funds can only be distributed out of the beneficary IRA as a distribution or transfer to another alike roth beneficiary account at another firm. However, the deceased account can be transferred into the surviving spouse Roth IRA (or transfer to a beneficiary IRA account). A non-spouse doesn't have this option- they can only transfer to their beneficiary IRA account that they opened.
In most cases, the spouse of the owner of an IRA is the default beneficiary. Therefore, there would be a legal document that would need to be signed acknowledging that he or she is not a beneficiary.
The beneficiary form on an IRA is the first and most important part of receiving an inherited IRA," said Matthew Curfman, a senior vice president at Richmond Brothers Financial Management Specialists. "If you fail to name a beneficiary on your IRA it is highly likely that your beneficiaries will not be able to 'stretch' the inherited IRA over their life.
the beneficiary in a trust is the person whom benefits from that which is held in trust.
Yes, the beneficiary of an inherited IRA (AKA beneficiary IRA) can name a beneficiary to that account. In the past, this was not really allowed so some form may still practice as such.
yes
I believe it reverts back to the owner, and thus becomes part of his estate.
An IRA requires a named beneficiary. If there are no beneficiaries named, it will be a part of the estate.