Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 3 years ago,

User Stats

2,040
Posts
1,918
Votes
Curt Smith
Pro Member
#4 Innovative Strategies Contributor
  • Rental Property Investor
  • Clarkston, GA
1,918
Votes |
2,040
Posts

solo 401k estate planning/tax planning; upon death scenarios??

Curt Smith
Pro Member
#4 Innovative Strategies Contributor
  • Rental Property Investor
  • Clarkston, GA
Posted

A scenario for some who have business succession planning, the business will live on past the death of one or both spouses (business joint ownership). The succession is to a manager named in a Living Trust that is a successor business LLC op agreement member. IE the Living Trust is a successor member of the LLC/Op Agreement. Which names 2 managers (people). There's an active business LLC/s-corp with a self administered solo 401k (from Advanta) with 2 sub accounts (his/hers).

There are no children as plan beneficiaries, just non profits, churches etc and the opposite spouse of course.

The wish is that the business lives on and provides on going benefits to the beneficiary churches etc.  The Living Trust handles this I believe for the taxible businesses.  Its the assets of the 401ks that are the question.

Simple scenario upon single death, the surviving spouse has the right to move the dead spouses 401k assets into their own 401k.  Q:  stepped up basis or not??

Complicated scenario I have no guesses for best tactic: dual/final death: all 401ks are distributed upon death. To where? I could name the LLC as beneficiary so that the Managers operate those assets along with prior taxible SFRs??? Stepped up basis or not? Then the taxes are handled via k-1's to Living Trust beneficiaries (churches and some people so a mix).

Having the Living Trust be the beneficiary of the 401ks seems ok but I think has more problems.  IE 35% trust tax on assets or is it just distributions?  How is taxes handled to the beneficiaries (churches and some people)?

My guess; Distributing 401k assets to the existing operating LLC smells like the better idea. The devil though is in the details? Thanks.

  • Curt Smith
  • [email protected]
  • 678-948-7151
  • Loading replies...