Lex
Dec 20 2002, 01:23 PM
A person wants to make the beneficiary of his IRA a trust, not his spouse. Does he need spousal consent to do so?
mbozek
Dec 20 2002, 03:00 PM
no- an IRA is not subject to ERISA.
jevd
Dec 23 2002, 10:30 AM
What State is your client in?
If a community property state, he may need consent on a state level.
Appleby
Dec 23 2002, 10:45 AM
Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, and Wisconsin .
Spousal signature is required if your client resides in any one of these states. In some states, the spouse's consent must be notarizes