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How to Split Proceeds from a 401K Plan?

  

How to Split Proceeds from a 401K Plan?

Postby humility52 » Thu May 31, 2012 12:59 pm

I am 60 yrs of age, my brother is 50. An uncle recently passed away and named me the sole beneficiary of his 401K plan, valued at $500k, and life insurance, valued at $300k. I would like to split the proceeds evenly with my brother. How can I do that with the 401K? Will the money from the life insurance policy be taxable? Are insurance disbursements made as a whole, lump sum payment? To the extent possible, I would like to minimize my tax liability. Thank you.
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How to Split Proceeds from a 401K Plan?

Postby ruck » Thu May 31, 2012 1:01 pm

As a general rule the life insurance proceeds are not taxed at the federal level in the US. The amount though is included in computing the value of the estate for tax purposes. Most life insurance policies pay in a lump sum.

As for splitting the proceeds with your brother, you should be able to do this. When my parents passed and the proceeds were to be distributed equally among the 4 siblings, I chose to forgo my share without any problems

You need to hire a competent tax attorney or accountant to structure the distribution the way you want, if possible, and coordinate it with the executor. Miss one dotted "I" or forget to cross one "T" and you could jeopardize any tax savings.

Good luck.
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How to Split Proceeds from a 401K Plan?

Postby bardon » Thu May 31, 2012 1:04 pm

First, the 401k was never taxed & will be when money is withdrawn. As a nephew, you are a Class D beneficiary as is your brother & would pay taxes. Each state varies with estate laws & taxes, 17 states still have an estate tax. The life insurance is not taxable to you but will be to your brother.
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