Revocable Living Trust Asset Rules

Retirement Accounts (IRA, 401(k), 403(b), Roth IRA)

You should never retitle a retirement account into the name of your revocable living trust.

Why This Is a Problem

Retitling a retirement account is treated as a full withdrawal. That can result in:

• Immediate income taxes
• Loss of tax-deferred or tax-free growth
• Early withdrawal penalties (if applicable)

What to Do Instead

• Keep retirement accounts in your individual name
• Use beneficiary designations to control who inherits them

In certain situations — such as when beneficiaries are minors or need structured distributions — a trust may be named as beneficiary, but this must be done carefully and with professional guidance.

Bottom line: Retirement accounts are controlled by beneficiary rules, not trust ownership.

Health Savings Accounts (HSAs) and FSAs

HSAs and FSAs should not be transferred into a trust.

Why They Don’t Belong

• These accounts must be individually owned
• They cannot be retitled into a trust
• FSAs usually expire at the end of employment
• HSAs become taxable if inherited by anyone other than a spouse

Best Practice

• Name your spouse as beneficiary when possible
• Use HSA funds during your lifetime for qualified expenses
• Coordinate HSA planning separately from trust funding

Transferring an HSA to a trust can destroy the account’s tax advantages.

Vehicles You Use Daily (in Most States)

While some states technically allow vehicles to be titled in a trust, it is often unnecessary and inconvenient for everyday vehicles.

Why It’s Usually Discouraged

• Insurance complications
• DMV retitling fees and paperwork
• Frequent buying and selling creates ongoing maintenance issues
• Most vehicles don’t create probate problems

Better Alternatives

• Use state Transfer-on-Death (TOD) titles when available
• Only place high-value, collectible, or specialty vehicles into a trust when advised by an attorney

For most families, daily-use vehicles are simpler to keep outside the trust.

Certain Annuities

Some annuities lose important tax benefits if transferred into a revocable trust.

Potential Consequences

• Surrender charges
• Loss of favorable tax treatment
• Early distribution penalties

Correct Approach

• Keep annuities in your personal name
• Name your trust as beneficiary if you want controlled distributions after death

This preserves tax treatment while still allowing your trust to manage the proceeds later.

Accounts That Already Transfer Automatically

Some financial accounts already bypass probate through beneficiary designations. Adding these accounts to a trust can complicate things.

Common Examples

• Bank accounts with POD (Payable on Death) designations
• Brokerage accounts with TOD (Transfer on Death) instructions
• Life insurance policies
• Certain annuities and U.S. savings bonds

Why These Often Stay Out

• Beneficiary designations override trust instructions
• Conflicting paperwork can delay administration
• Some TOD features offer simplicity that a trust does not improve

When the Trust Might Be Used

If your goal is long-term control — such as delaying inheritance for young beneficiaries — your trust may be named as beneficiary instead of retitling the account.

Assets You Can Add — But Should Think Twice About

Choose one method, not both.

Some items fall into gray areas and require individualized decisions:

• Everyday checking accounts – Retitling can disrupt bill payments
• Firearms – May require specialized trusts depending on state and federal law
• Out-of-state real estate – Often belongs in a trust, but errors can cause multi-state probate

These assets aren’t automatically excluded, however, they deserve extra care.

A Simple Rule of Thumb

An asset probably does not belong in your revocable living trust if transferring it would:

• Trigger taxes or penalties
• Eliminate special tax treatment
• Override an effective beneficiary designation
• Create insurance or ownership conflicts
• Require constant retitling with little benefit

In many cases, naming the trust as beneficiary accomplishes the goal more cleanly than transferring ownership.

Quick Check Before Adding Any Asset to Your Trust

Ask yourself:

• Does retitling this asset cause taxes or penalties?
• Does it already avoid probate on its own?
• Would beneficiary designation achieve the same result?
• Do I need a trustee to manage this asset after death?

If the answer raises doubt, pause and confirm before transferring it.

Final Takeaway

A revocable living trust is a powerful planning tool — but only when it’s used correctly.

Knowing what not to put in your trust helps you:

• Avoid tax mistakes
• Preserve special protections
• Reduce administrative headaches
• Ensure your estate plan works as intended

Smart trust planning isn’t about putting everything into the trust. More importantly, it’s about putting the right things in the right way.