Legal Question in Wills and Trusts in California

Only IRA Assets funding a TCRUT

My IRA accounts have as Beneficiaries the Trustees of my TCRUT (my two children, who are also the TCRUT Recipients). I have all else in A,B, C Trusts avoiding Probate. Must the IRA's go thru Probate?


Asked on 5/29/09, 11:48 pm

1 Answer from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: Only IRA Assets funding a TCRUT

Generally, accounts with named beneficiaries do not go through Probate.

I would like to commend you for having the foresight to create the necessary trust documents to avoid Probate. I am a bit concerned that you have them in different trusts and not as one complete one, this may cause overlapping which can lead to problems.

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Answered on 6/01/09, 7:21 pm


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