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WHAT SHOULD YOU NOT PUT IN A LIVING TRUST?

Living trusts can hold a variety of assets, but some assets can cause
complications.
By Dalia Ramirez 

Dalia Ramirez
Writer | Wills and trusts, health care directives
Dalia Ramirez writes about estate planning for NerdWallet. She has a Bachelor of
Arts in science and technology studies and critical theory from Wesleyan
University. Her work has appeared in publications including The Washington Post,
Bloomberg and The Associated Press. She is based in New York City.
Learn More
 
Published Sep 12, 2023 9:50 a.m. PDT
Edited by Tina Orem  

Tina Orem
Assistant Assigning Editor | Taxes, small business, retirement and estate
planning
Tina Orem is an editor at NerdWallet. Prior to becoming an editor, she covered
small business and taxes at NerdWallet. She has been a financial writer and
editor for over 15 years, and she has a degree in finance, as well as a master's
degree in journalism and a Master of Business Administration. Previously, she
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Table of Contents

 * What assets should you not put in a living trust?


MORE LIKE THISInvestingEstate Planning

Table of Contents

 * What assets should you not put in a living trust?


MORE LIKE THISInvestingEstate Planning

A living trust can help you manage and pass on a variety of assets. However,
there are a few asset types that generally shouldn’t go in a living trust,
including retirement accounts, health savings accounts, life insurance policies,
UTMA or UGMA accounts and vehicles.

Living trusts can be useful estate planning tools that give a trustee the
authority to manage assets for you and your beneficiaries while you’re alive.
Assets in a living trust typically include bank accounts, real estate, personal
property and investments such as stocks, bonds and cryptocurrencies. You can
even title mineral rights or a membership interest in an LLC into a living
trust.

» MORE: Succession planning for your small business

Here’s what you may not want to put in a living trust, why certain assets can
cause issues and what you might do with those assets instead.

» Estate planning? Here’s a 7-step guide

Get started
Get started
Get started

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WHAT ASSETS SHOULD YOU NOT PUT IN A LIVING TRUST?


RETIREMENT ACCOUNTS

Why not: You can technically transfer a retirement account such as a 401(k) or
Roth IRA into a living trust, but because a trust is a separate legal entity,
the transfer counts as a withdrawal from the account. Withdrawals are taxable,
meaning that moving these assets into a living trust often comes with a tax
bill. If you’re not at least 59½, you may also have to pay additional penalties
for early withdrawal.

Instead: Name the living trust as the beneficiary on the retirement account.
That way, the funds transfer directly to the trust upon your death. In the trust
documents, you can specify how the funds should be divided among your
beneficiaries.

» MORE: This year’s best retirement plans


HEALTH SAVINGS ACCOUNTS

Why not: Health savings accounts (HSAs) allow you to pay for medical expenses
with pretax income. You contribute pretax money to the account, the investments
in the account grow tax-free and the withdrawals are not taxed if you use the
money for medical expenses. However, HSAs are individual accounts only, so they
typically cannot be transferred to trusts involving joint ownership.

Instead: Like with a retirement account, you can name your living trust as the
beneficiary of your health savings account. If you already have a primary
beneficiary, such as a spouse, you can name your trust as a secondary
beneficiary
[1]
IRS.gov. Health Savings Accounts and Other Tax-Favored Health Plans. Accessed
Sep 11, 2023.
View all sources
.

» Learn more about the difference between HSAs and FSA


LIFE INSURANCE POLICIES

Why not: First, revocable living trusts don’t protect assets from creditors, so
all or a portion of your life insurance benefits could be reclaimed if you die
with debt. Second, if the payout from the policy is large enough and your estate
is large enough, naming a living trust as a beneficiary on a life insurance
policy could trigger federal or state-level estate taxes.

Instead: Name a person as the beneficiary for your life insurance policy or set
up an irrevocable life insurance trust for more control over the assets and to
potentially reduce your estate taxes if your estate is large enough that estate
tax applies.


UTMA AND UTGA ACCOUNTS

Why not: Uniform Transfers to Minors Act (UTMA) or Uniform Gifts to Minors Act
(UGMA) accounts are irrevocable. They make a minor child the owner of the
account, leaving the donor or a custodian to manage the funds. Living trusts are
revocable and typically managed by a trustee. Because of these differences in
ownership and permanence, UTMA and UGMA accounts can’t be transferred into a
living trust.

Instead: Keep these tools separate. You can use either a living trust or a UTMA
or UGMA account to give funds to a child, or use both separately. A living trust
can give you more control over how the assets are used; a UTMA or UGMA account
gives your child full access to all of the funds when they reach legal age.

» Learn more about custodial accounts


VEHICLES

Why not: Vehicles under a certain value can bypass probate in some states,
making a living trust unnecessary to transfer them to an heir. Also, if you plan
to sell the vehicle, it can be complicated to remove it from the trust to do so.

Instead: A high-value collectible car that you think will increase in value may
actually be a good fit for a living trust, but for a regular vehicle, register
it with a transfer-on-death (TOD) deed. That way, it can go directly to a
beneficiary without going through probate.

» Writing a will? Here are our top picks for online will makers

Article sources
NerdWallet writers are subject matter authorities who use primary, trustworthy
sources to inform their work, including peer-reviewed studies, government
websites, academic research and interviews with industry experts. All content is
fact-checked for accuracy, timeliness and relevance. You can learn more about
NerdWallet's high standards for journalism by reading our editorial guidelines.
 * 1.IRS.gov. Health Savings Accounts and Other Tax-Favored Health Plans.
   Accessed Sep 11, 2023.

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About the author
Dalia Ramirez
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Dalia Ramirez writes about estate planning for NerdWallet. She has a B.A. in
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On a similar note...


Power of Attorney (POA): What It Is, Types & Guide

What Is a Living Will? How, Why, When to Prepare

What Is Probate? How It Works, How to Avoid

Revocable Living Trust: Definition, How Living Trusts Work
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Dive even deeper in Estate Planning


7 BEST ONLINE WILL MAKERS OF 2024

by Dalia Ramirez


Read more


WHAT IS A TRUST? DEFINITION, ACCOUNT TYPES AND BENEFITS

by Tina Orem, Connor Emmert


Read more


ESTATE PLANNING CHECKLIST: A 7-STEP GUIDE TO GETTING YOUR AFFAIRS IN ORDER

by Connor Emmert, Kay Bell


Read more

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