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Subject:  Re: BHM Estate Planning Angst Date:  10/27/2021  4:16 PM
Author:  aj485 Number:  104909 of 106061

What are "non-EDB(sic) children"?

EBD is Emotional and Behavioral Disorder

How does one attach a TOD to an IRA? [And can this sort of thing be done with a 401(k)]? I thought that all we could really do with an IRA was to name beneficiaries

Naming a beneficiary for an IRA or a 401(k) effectively is placing a TOD (Transfer On Death) on the account.

a spouse can override the named beneficiaries.

Not always. If the owner is already married when they open the 401(k) account, the spouse is the default beneficiary, and must give up their right to be the beneficiary if the owner wants to name another beneficiary. If the owner names another beneficiary without the spouse giving up that right, a court is likely to award the account to the spouse if the spouse sues. However, when the owner of the 401(k) gets married after the 401(k) was opened, and there were already named beneficiaries (like a former spouse), the new spouse may not be able to override the beneficiary designation even if they hadn't given up the right to be the default beneficiary.

Note that the requirement for a spouse to give up their right to be the beneficiary is a Federal law, and only applies to workplace plans governed by ERISA, like 401(k)s. IRAs are not governed by ERISA and are subject to state laws.

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