What do you do to get 401k into trust?
We had lawyer draw up trust documents years ago, but we never finalized them. Something didn’t seem right. Looking back over what he did, he just created the trust, but didn’t fund the trust.
I need to get this started again.
You need to get the proper paperwork from who is handling the 401K to sign off on listing your trust as the beneficiary. You most likely have your wife or someone else significant to you listed as the primary beneficiary.
End of day, anything you or your wife have in any assets should have the trust listed as a beneficiary as well (bank accounts, CD's, other investments), unless someone else who isn't listed in the trust as the primary executor is listed at the primary beneficiary in other capital assets.
In my fathers case, since my mom died, he listed me as a primary in their (my parents) family trust and took my mom off the trust (he updated it when he moved to NC, which was a little bit of a hassle due to some variances in different state laws).
If everything is listed in you and your wife's name and not the estate, it goes without saying that if either of you two are listed as an executor in the trust and one of you dies, any capital assets will inevitably go to the other via the trust, but by listing the trust as a beneficiary, this makes it painless and no questions asked.
I'm not a lawyer, but this is what our estate attorney told us.
Even my sons whole life insurance policy is being turned over to the family trust via beneficiary (son is listed as an executor, but not for another couple of decades to see how he plays out "life wise" now that he's 18).
Seems to be a lot of work to keep the legal system out when you die LOL
Thing is, my dad wasn't a wealthy man monetarily wise, but with him keeping his trust updated with no will, transferring what he had in his life to me was absolutely painless. You don't have to be rich to have a estate, but I will tell your our lawyer costs us $2,500, but to us for what we have worked for and now own, that money was well worth spending.
Never think about dying unexpectedly, but it can happen.