Before proceeding, please review the legal disclaimer.
If you’ve spent years building up retirement savings—your 401(k), IRA, or pension—you’ve probably wondered:
👉 “What happens to this money when I’m gone?”
It’s a great question. And the answer isn’t always as simple as “it goes to my family.”
Because retirement accounts follow different rules than most other assets.
If you don’t plan properly, your beneficiaries could face:
Let’s walk through how this actually works in Texas—and how to avoid common mistakes.
Here’s the single most important thing to understand:
👉 Your beneficiary designation overrides your will.
That means:
Let’s say:
👉 Guess what happens?
Your ex-spouse likely gets the IRA.
Not your kids.
In Texas estate planning, this typically includes:
Each has slightly different rules—but they all rely heavily on beneficiary designations.
Usually:
👉 No.
If you have a named beneficiary:
But if you don’t name a beneficiary:
This is where things get more strategic.
Sometimes, naming a trust makes sense.
Other times, it can create problems.
You might consider a trust if:
Here’s the catch:
Retirement accounts have specific tax rules.
If a trust is not set up correctly:
👉 This is where professional guidance really matters.
Recent law changes (the SECURE Act) significantly impacted how inherited retirement accounts work.
In many cases:
👉 Beneficiaries must withdraw the full account within 10 years
This can:
Proper planning can help minimize that impact.
Life changes—but people forget to update accounts.
Marriage, divorce, births… all of these matter.
This usually forces the account into probate and removes tax advantages.
Retirement accounts are often tax-deferred, not tax-free.
Your beneficiaries may owe income taxes on distributions.
It doesn’t.
Retirement accounts operate outside your will.
A solid plan usually includes:
At The Lange Firm, we help clients make sure their retirement assets are protected and properly structured within their estate plan.
That includes:
Because retirement savings are often one of the largest assets people leave behind—and one of the easiest to mishandle.
When it comes to estate planning for retirement accounts in Texas:
👉 The details matter.
A little planning now can make a big difference later.
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Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land and Houston, Texas.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome you to submit your claim for review. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.