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401k Beneficiary Questions

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Published: November 1, 2006

Naming a 401K beneficiary might not be as simple as you'd think. There are several different rules and scenarios to consider when choosing a beneficiary. This could raise several 401K beneficiary questions for both the receiver and the benefactor.


What is a beneficiary?

When signing up for a 401K, you are asked to name a 401K beneficiary. This person will inherit your 401K if you should die, so it is important to choose someone you trust.


How do I choose a beneficiary?

This might seem like a simple task for some, but for separated or single people, this is an important 401K beneficiary question. A lot can factor into choosing the legal beneficiary.

If you are married, your spouse is automatically your 401K trust beneficiary by Federal law. The only way that your spouse can not be the beneficiary is if you have them sign a waiver in writing, in which case a new 401K trust beneficiary can be named. Even if you and your spouse are separated but not divorced, he or she is still considered the beneficiary unless a waiver is signed.

If you are single, your 401K will go to whoever you name. If nobody is named as the beneficiary, the 401K will go to your estate. In the case of single parents, you may want to name your kids as the beneficiary. However should you remarry, your spouse will become the new legal beneficiary unless they sign a waiver.

Naming children is a 401K beneficiary question that should be considered heavily beforehand. If they are minors, or might not be responsible with the 401K payment, a good idea would be to entrust the 401K to a guardian or trustee. Most plans won't transfer the money to a minor directly, taking more time. Naming a guardian or trustee as the beneficiary for any minors will ensure that the money is handled properly and received faster as well.

Domestic partners are another 401K beneficiary choice. Naming a domestic partner as a beneficiary can actually help stabilize the legality of your relationship and serve as evidence when registering as domestic partners or trying to obtain health benefits.

There also might be 401K beneficiary questions on behalf of the recipient, as there are many rules that apply to them. When someone dies, their 401K becomes part of their taxable estate, however the beneficiary can access the money from the 401K before the estate and will are sorted out.

The payment from the 401K will not simply be given to the beneficiary without taxes. Certain income and estate taxes may apply to accepting the payment.  However, no early withdrawal fees will apply, even if the deceased is under the age of 59 ½. If you are the spouse of the deceased, you have the option of rolling the 401K over into an IRA, which wouldn't be subject to taxes until the money is withdrawn from the IRA.

There are many 401K plans so no specific rules for paying out the sum exist. While many companies will pay out the money in one lump sum, others might take a more gradual approach. As the beneficiary, you cannot slow down the payment process, but you can speed it up, allowing for larger payments over a shorter period of time.

Clearly there are many 401K beneficiary questions to think about when signing up for one, so take the time to understand all the rules and regulations. The beneficiary can change depending on your marital status, so it is important to assure that the payment goes to the right person after death.




Newmann, Brenda Watson. "What You Need to Know About Naming a Beneficiary for Your 401k." 2006. 401khelpcenter.com. 30 October 2006. http://www.401khelpcenter.com/mpower/feature_1bene ficiary.html

Newmann, Brenda Watson. "What You Need to Know When You Inherit a 401k." 2006. 401khelpcenter.com. 30 October 2006. http://www.401khelpcenter.com/mpower/feature_2bene ficiary.html
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