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Life Insurance and 401(K)

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Old Feb 3rd, 2008, 12:31 PM     #1
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Confused Life Insurance and 401(K)

My mom past away last year and left a life insurance policy and her 401(K) to my older disabled sister at the advice of an attorney. She also requested that I get guardianship of her in her will which I was appointed Guardian Advocate this past month. I think she understood by leaving things this way I would have full discretion of the funds, but the attorney handling the probate for me is saying otherwise. I am being advised that my only options are to either put the money in a SNT or a Guardian Advocate Trust. My question would be are these really my only options?

The problem with the SNT is that I believe it will have to be set up as a "self-settled" SNT because the payout from the 2 assets are directly to my sister and not the trusts. This type of SNT has more restrictions it appears than does a 3rd party SNT.
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Old Feb 3rd, 2008, 02:37 PM     #2
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Default Re: Life Insurance and 401(K)

You really need to examine that will and the language carefully--

That could be done in any number of ways with you having no discretion to you having full discretion.

Have another lawyer review if you are doubtful this lawyer has it right.
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Old Feb 4th, 2008, 06:44 PM     #3
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Cool Re: Life Insurance and 401(K)

There is no language in the will in regards to these 2 assets. That is the problem I am running into. The will pertains to estate assets specifically, but these 2 assets are not apart of the estate. They payout directly to the named beneficiary.
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