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HSAs Must Beneficiary Be The Spouse? (IRS)

We are beginning to offer HSAs and the question has come up if the beneficiary must be the spouse. The IRS publication 969 does not indicate whether it must be a spouse, but we are in Texas and other situations require spousal consent if the spouse is not named beneficiary (IRAs, 401k, etc).

This is something that is impacted by your state law and whether you are in a community property state. Texas is a community property state so there are most likely requirements for the beneficiary to be the spouse or for special spousal consent to be granted if the beneficiary is someone other than the spouse.

First published on 7/8/13

First published on 07/08/2013

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