Trust as beneficiary?

Have a client that has approx $4 mil in mostly qualified dollars, 3/4 in IRAs. He is in a 2nd marriage and each of them have 2 children from their first marriage.
His wishes are to make his current wife 100% primary beneficiary. He would like to have the 4 children equal contingent beneficiaries. He wants to be sure no one can make any changes to this structure in the future, before or after he is gone so they are thinking of making a trust the beneficiary of all accounts.
1 – is this a good reason to set up a trust? to be sure 4 children get equal portion of what is remaining after they both are gone?
2 – if she is primary beneficiary and he precedes her in death, if she rolls the IRAs into her own, she can change beneficiary at any time, correct?
3 – Would making the trust the beneficiary on his accounts keep her from EVER changing the idea of his remaining balance going to the contingent beneficiaries even after she rolls IRAs into her own following his death?

Any pros/cons of naming a trust beneficiary would be greatly appreciated!

thank you.



He has to choose between leaving it to her outright (she can roll it over, possibly convert to a Roth, but could name new beneficiaries) or leaving it to her in trust (in which case he can control what happens to the balance at her death, but if it’s a discretionary trust the IRA will have to be paid out to the trust within 10 years, and if it’s a conduit trust then over time a large part of the money will go to her, especially if she lives a long time.
Or he could leave some to her and some in trust for the children
It would help to know what other assets he has.
He may wish to consult with competent tax/estates counsel.
Bruce Steiner

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