Planning for retirement often includes a review of retirement accounts and their place in an overall estate plan. A retirement plan trust can help ensure that assets held in employer-sponsored plans or individual retirement accounts are managed and distributed according to your wishes while addressing tax and beneficiary considerations. At the Law Offices of Robert P. Bergman, we guide residents of Palos Verdes Estates through the process of integrating retirement accounts into trusts, creating documents such as pour-over wills, certifications of trust, and other instruments that protect legacy goals and family financial stability over the long term.
A retirement plan trust is one of several estate planning tools that can provide clarity and continuity for how retirement assets are handled after incapacity or death. Properly drafted trust provisions can reduce delays, limit disputes among heirs, and clarify the appointment of trustees and trust administration procedures. Our approach emphasizes clear communication about beneficiary designations, potential tax implications, and coordination with related documents like advance health care directives and powers of attorney to create a cohesive plan tailored to each family’s needs in Palos Verdes Estates and throughout California.
A retirement plan trust can offer structured management of retirement assets and provide protections that simple beneficiary designations do not. It helps define distribution timing, provides continuity in the event of incapacity, and can minimize disputes by setting clear terms for trustees and beneficiaries. Additionally, a trust can address tax planning considerations for certain account types and ensure that disabled or minor beneficiaries receive appropriate support. For many families, the peace of mind that comes from having retirement accounts integrated into a broader estate plan is the primary benefit, ensuring affairs are handled as intended over the long term.
The Law Offices of Robert P. Bergman provides estate planning and trust administration services to clients in Palos Verdes Estates and surrounding communities. Our team focuses on practical, thorough planning that aligns legal documents with each client’s personal and family priorities. We prepare a wide range of documents including revocable living trusts, retirement plan trusts, wills, powers of attorney, and healthcare directives. Our practice emphasizes client communication, careful drafting, and coordinating retirement account designations with trust terms to reduce potential complications for families during sensitive times.
A retirement plan trust is a legal arrangement designed to receive and manage retirement account assets either during life if you become incapacitated or following death. It typically names a trustee to administer distributions for beneficiaries according to specific instructions, which can include timing, income requirements, and protections for vulnerable beneficiaries. These trusts are drafted to work hand-in-hand with beneficiary designations on accounts, and they require attention to account type, tax rules, and applicable plan rules to ensure the trust receives the intended benefits without unintended consequences.
Not every retirement account or family situation requires a retirement plan trust, but when used appropriately it can provide structure, protect beneficiaries, and simplify administration. Retirement plan trusts can be tailored to help manage taxable distributions, provide asset protection for beneficiaries with special needs or creditor concerns, and ensure that minor children receive ongoing support. Creating a trust also allows for continuity if the account owner becomes incapacitated and cannot manage beneficiary instructions, ensuring a trustee can carry out the plan consistently with the owner’s intentions.
A retirement plan trust is a trust created to hold and manage retirement account proceeds, often used when a plan participant wants greater control over how distributions are handled after death or during incapacity. The trust identifies trustees, beneficiaries, distribution standards, and administrative rules that govern how retirement assets are invested, distributed, and reported for tax purposes. When naming a trust as the beneficiary of a retirement plan, care must be taken to draft trust terms that meet plan and tax code requirements to preserve favorable distribution options available to beneficiaries.
Setting up a retirement plan trust involves several important steps: drafting the trust document with clear beneficiary and trustee provisions, coordinating beneficiary designations on retirement accounts to name the trust appropriately, and confirming plan administrator requirements for trust beneficiaries. The process may also include preparing related documents such as pour-over wills, certifications of trust for financial institutions, and powers of attorney to ensure continuity. Careful review of tax considerations and distribution timing helps align the trust’s terms with both legal requirements and your family’s long-term goals.
Understanding the terminology used in retirement plan trusts helps clients make informed decisions. Concepts such as beneficiary designation, trustee, trust distribution standard, required minimum distributions, and trust protector can affect how retirement assets are administered and taxed. Familiarity with these terms and how they interact with retirement accounts and trust documents reduces surprises and enables better coordination of account beneficiary forms with estate planning documents, ultimately helping families preserve wealth and protect beneficiaries according to their wishes.
A beneficiary designation is a form completed with a retirement plan administrator that names who will receive plan proceeds upon the participant’s death. This designation generally supersedes instructions in a will, so coordinating the form with estate planning documents is essential. When a trust is named as beneficiary, the trust document must meet certain standards to allow beneficiaries to stretch distributions or receive favorable tax treatment. Accurate and up-to-date beneficiary designations help ensure assets pass as intended without unintended conflicts between account paperwork and trust provisions.
A trustee is an individual or entity appointed to manage trust assets according to the trust’s terms and in the beneficiaries’ best interests. The trustee’s role includes administering distributions, maintaining records, filing tax returns, and following the trust’s instructions on investment and distributions. Choosing the right trustee involves considering trust administration skills, availability, and the ability to manage sensitive family and financial issues. Trustees have fiduciary responsibilities and must act prudently, documenting decisions and communicating with beneficiaries about the trust’s administration.
Required minimum distributions are the minimum amounts a retirement account owner or beneficiary must withdraw from certain retirement accounts each year starting at specified ages or after death, according to tax rules. RMD rules affect how retirement plan trusts should be structured because incorrect trust provisions can cause accelerated taxation or lost distribution opportunities. Trust terms must be drafted with an eye toward how beneficiaries will calculate and receive RMDs while aligning distributions with the client’s estate planning goals and the retirement account’s tax implications.
A pour-over will is a testamentary document designed to transfer any assets not already titled in the trust at the time of death into a revocable living trust. It serves as a safety net to ensure assets are distributed according to the trust’s terms, and is commonly used alongside retirement plan trusts and other estate planning instruments. While a pour-over will helps consolidate assets under trust administration, it may still require probate for items not retitled, so coordination with beneficiary designations and account ownership is important to minimize delays and costs.
Choosing between leaving retirement accounts directly to beneficiaries via account beneficiary forms or naming a retirement plan trust depends on family circumstances, tax planning priorities, and the need for oversight of distributions. Direct beneficiary designations are often simpler and may allow quicker access to funds, but they offer limited control over how assets are spent. A trust introduces additional structure, potentially more complex administration, and opportunities to protect vulnerable beneficiaries and manage distribution timing. Evaluating each option requires understanding plan rules, tax effects, and your family’s unique needs.
A straightforward beneficiary designation can be sufficient when beneficiaries are adults who are capable of managing inherited funds, family relationships are not contentious, and there is no need for ongoing oversight or protection of assets. In such cases, leaving retirement assets directly to named beneficiaries reduces administrative steps and can allow quicker access to funds. It also avoids the administrative costs and trustee duties associated with trust management, making this an effective solution for uncomplicated family situations where immediate distribution is acceptable.
A limited approach may also be appropriate if tax planning does not require specialized trust provisions and there are few creditor or creditor-claim concerns for beneficiaries. When heirs have stable financial circumstances and there is confidence that funds can be managed responsibly, naming beneficiaries directly often keeps the process simple. This approach reduces the need for ongoing trust administration and can lower costs, while still allowing the account owner to accomplish basic wealth transfer goals without the complexity of trust-based arrangements.
A trust-based approach is often recommended when beneficiaries include minors, individuals with disabilities, or those who may be at risk of creditor claims. Trust terms can establish distribution standards, staggered payment schedules, and safeguards that protect assets from being dissipated or lost to creditors. These provisions help ensure financial support continues as intended and offers oversight through a trustee who manages investments and distributions. For families seeking long-term stability for vulnerable members, a retirement plan trust provides a tailored framework for thoughtful stewardship of retirement proceeds.
When tax considerations and distribution timing are important, a retirement plan trust allows for careful planning to align distributions with beneficiaries’ needs while accounting for tax regulations. Trust provisions can be used to shape when and how beneficiaries receive taxable distributions, potentially smoothing income impacts and providing more predictable financial outcomes. Comprehensive planning coordinates trustee responsibilities, beneficiary rights, and retirement plan rules to preserve tax-favorable options and balance income needs with long-term asset protection goals.
A comprehensive approach integrates retirement plan trusts with broader estate plans to create consistency across documents such as revocable living trusts, pour-over wills, powers of attorney, and healthcare directives. This coordination helps prevent conflicting instructions, streamlines administration, and supports orderly transitions of asset management. By defining trustee duties clearly and aligning beneficiary designations with trust terms, families can reduce the potential for disputes and ensure that distributions reflect the account owner’s long-term intentions in a predictable manner.
Comprehensive planning also allows consideration of tax consequences and distribution strategies tailored to each beneficiary’s financial situation. When retirement plan trusts are drafted with attention to applicable plan rules and tax law, they can help manage income flows and address issues like creditor exposure or beneficiary incapacity. The added legal structure provides a mechanism for ongoing oversight and fiduciary management, which can be particularly valuable for families seeking stability and continuity across generations while preserving retirement assets for intended uses.
Coordinating a retirement plan trust with existing estate planning documents ensures that all aspects of asset transfer work together smoothly. This includes aligning beneficiary designations, trust funding mechanisms, and will provisions so assets not already titled to the trust are addressed through a pour-over will. Such coordination reduces the risk of conflicting instructions, simplifies the trustee’s decisions, and helps beneficiaries understand their rights. A holistic plan brings clarity for families and provides a single framework for carrying out the owner’s intentions over time.
A trust-based strategy offers protections that direct beneficiary designations cannot, including staged distributions, spending guidelines, and asset management for those who need oversight. This predictability helps beneficiaries plan their financial futures with more certainty and can prevent funds from being wasted or exposed to claims. Trustees follow the trust’s instructions and are accountable for managing assets responsibly, which helps families maintain continuity in financial support and reduces disputes during emotionally difficult periods.
Regularly reviewing beneficiary designations on retirement accounts is essential to ensure that your intentions are honored. Life events such as marriage, divorce, births, or changes in family circumstances can alter who should receive retirement assets, so reviewing forms and coordinating them with trust documents helps avoid unintended outcomes. Confirm that any trust named as a beneficiary meets plan requirements, and provide clear instructions for trustees to follow to maintain continuity and alignment with your broader estate plan over time.
Selecting a trustee involves balancing administrative ability, objectivity, and availability to manage trust duties over time. Trustees must keep accurate records, administer distributions per the trust terms, handle tax reporting, and communicate with beneficiaries. Naming successor trustees provides continuity if the original trustee cannot serve, and naming co-trustees or professional fiduciaries can be an effective way to share administrative duties. Thoughtful trustee planning helps ensure that retirement assets are managed consistently with the grantor’s intentions.
Families often consider a retirement plan trust when they want greater control over the timing and manner of distributions, protection for vulnerable beneficiaries, and continuity in asset management. Trusts can address concerns about creditor exposure, probate delays, or beneficiaries who may lack financial experience. By creating a trust that aligns with retirement plan rules, account owners can craft a measured distribution plan that supports long-term goals and helps ensure that retirement proceeds are used in ways consistent with their wishes.
Retirement plan trusts are also considered when coordinating tax planning across different account types or when there is a need to integrate retirement assets into an existing trust-based estate plan. The trust structure allows for defined distribution standards and trustee oversight, which can protect assets and provide predictable income streams to beneficiaries. For many households, the added administrative framework provides reassurance that retirement accounts will be handled with care and consistency, reducing uncertainty for surviving family members.
A retirement plan trust is often considered when beneficiaries include minor children, family members with disabilities, or individuals who may face creditor claims. It is also helpful when the account owner wishes to protect inheritances from divorce or to manage distributions over time rather than providing a lump sum. Situations involving blended families, complex beneficiary structures, or concerns about how retirement proceeds will affect means-tested benefits also frequently benefit from a trust-based approach to retirement assets.
When beneficiaries are minors or dependents, a trust can provide a mechanism for managing distributions until beneficiaries reach appropriate ages or meet specified milestones. Trust terms can set guidelines for education, healthcare, and living expenses while protecting assets from being squandered. Trustees can oversee funds responsibly, make distributions according to defined standards, and help ensure long-term financial support. This structure offers a practical way to protect the financial interests of young or otherwise dependent beneficiaries after the account owner’s death.
For beneficiaries with special needs or disabilities, a trust can be drafted to preserve eligibility for public benefits while providing additional financial support. Carefully tailored trust language can prevent outright distributions that could disrupt benefit eligibility and can specify how funds should be used for specialized care or supplemental needs. A trust designed with attention to public benefits rules helps balance immediate support with long-term planning, ensuring that retirement proceeds complement rather than replace available public resources.
Blended families often face competing priorities when distributing retirement assets, and a trust can reconcile different goals by creating separate beneficiary provisions, staged distributions, or trust sub-accounts. Trusts can protect the interests of a current spouse while preserving assets for children from prior relationships, and they can set terms that reflect the account owner’s intentions for family fairness and future stability. Thoughtful trust drafting can minimize disputes and provide a clear roadmap for trustees and beneficiaries to follow.
The Law Offices of Robert P. Bergman serves Palos Verdes Estates and nearby communities with retirement plan trust drafting, trust administration guidance, and estate planning coordination. We assist clients in reviewing beneficiary forms, drafting trust language that works with retirement plan rules, and preparing complementary documents such as pour-over wills, powers of attorney, and health care directives. Our goal is to make the process accessible and to ensure that retirement assets are managed and transferred according to each client’s objectives while minimizing potential administrative hurdles for families.
Clients choose our firm for practical, client-focused planning that integrates retirement accounts with broader estate goals. We provide clear explanations of how trust provisions interact with retirement plan rules, prepare necessary trust instruments, and coordinate beneficiary forms to reduce conflicts. Our approach emphasizes thoughtful drafting to preserve distribution options and protect beneficiaries, helping families in Palos Verdes Estates feel confident that their retirement assets will be handled consistently with their wishes.
We assist with all aspects of implementation, from drafting retirement plan trusts and pour-over wills to preparing certifications of trust for financial institutions and advising trustees on administration and tax matters. Our team is committed to timely communication, careful document preparation, and ongoing support during trust administration. This helps ensure that trustees and beneficiaries have the information and resources they need to carry out the trust terms effectively and in compliance with applicable rules.
In addition to retirement plan trusts, we prepare complementary estate planning documents such as revocable living trusts, financial powers of attorney, advance health care directives, and guardianship nominations. By offering comprehensive planning services, we help clients create cohesive plans that address incapacity, end-of-life decisions, and asset transfer. This integrated approach reduces potential conflicts and streamlines the administration process for families during transition periods.
Our process begins with an initial consultation to review retirement accounts, family dynamics, and estate goals. We analyze account types, beneficiary designations, and potential tax implications before drafting trust provisions that fit your objectives. After finalizing documents, we coordinate beneficiary forms and provide guidance to trustees and family members to facilitate smooth administration. Follow-up reviews ensure that plans remain up to date with life changes, so your retirement plan trust continues to reflect current intentions and legal requirements.
The initial review focuses on identifying retirement accounts, current beneficiary designations, and the account owner’s objectives for distribution and protection. We discuss family circumstances, potential beneficiaries, and any concerns such as creditor exposure or special needs. This step clarifies whether a retirement plan trust is appropriate and what provisions will best serve the client’s goals. It also establishes a plan for coordinating trust language with account administrator requirements to preserve intended distribution options for beneficiaries.
Collecting detailed information about retirement accounts, plan rules, and beneficiary forms allows us to identify potential drafting requirements and administrative steps. This includes account types, named beneficiaries, plan administrator guidelines, and any existing trust documents. Accurate documentation helps ensure trust language is compatible with plan rules and can prevent unintended tax or administrative consequences. Gathering this information early in the process sets the stage for precise drafting and coordination with financial institutions.
Discussing family circumstances and distribution preferences helps tailor trust provisions to meet specific needs, such as staggered distributions, income support, or protections for vulnerable beneficiaries. This conversation covers the timing of distributions, trustee authorities, and any conditions or limitations the account owner desires. Clear direction at this stage enables drafting that aligns legal mechanisms with the client’s practical aims, providing a plan that supports beneficiaries while reflecting the account owner’s intentions.
During drafting, we prepare trust language that addresses distribution standards, trustee powers, successor trustee appointments, and tax-related provisions. We also draft related documents such as pour-over wills, certifications of trust, and powers of attorney as needed. The draft is reviewed with the client to ensure it reflects their goals and to explain how the trust will interact with retirement accounts. Adjustments are made to fine-tune provisions and ensure clarity for trustees and beneficiaries alike.
Drafting requires attention to plan and tax rules, ensuring that the trust meets standards to receive retirement account distributions without forfeiting favorable timing options for beneficiaries. We craft provisions that specify distributions, trustee responsibilities, and procedures for managing required minimum distributions and tax reporting. Clear, compliant drafting reduces the risk of administrative complications and helps preserve the intended tax treatment and distribution flexibility for beneficiaries.
We review the draft documents with the client, explaining each provision and how it affects beneficiary distributions and administration. This collaborative review ensures the trust language accurately captures the client’s intentions and addresses potential issues. Once approved, we finalize the documents and provide signed copies for safe keeping, along with recommendations for next steps such as updating beneficiary designations and delivering certifications of trust to relevant financial institutions.
Implementation includes updating beneficiary designations, delivering trust certifications to account administrators, and advising on trustee duties once the trust receives assets. We provide guidance on trustee recordkeeping, tax filings, and distribution procedures. Ongoing administration may include periodic reviews to ensure the trust adapts to changes in law, family circumstances, or account structures. Continued support helps maintain the effectiveness of the retirement plan trust over time.
Coordinating with plan administrators and financial institutions ensures beneficiary designations are updated and that the trust is recognized for distribution purposes. Providing certifications of trust and other documentation helps facilitate account transfers and prevents unnecessary delays during administration. Clear communication with institutions reduces administrative friction and helps trustees access funds and information needed to manage distributions effectively and in accordance with trust terms.
We offer guidance to trustees on their fiduciary duties, recordkeeping, tax obligations, and appropriate distribution practices under the trust. Trustees often benefit from practical advice about managing beneficiary communications, investing trust assets prudently, and preparing necessary tax filings. This support helps trustees carry out their responsibilities in a manner consistent with the trust’s terms and applicable law, easing the transition for families and promoting orderly administration of retirement assets.
A retirement plan trust is a trust designed to receive and manage proceeds from retirement accounts, established to control distribution timing, protect beneficiaries, and address potential tax issues. It names trustees to administer distributions according to specific standards, which can include staggered payouts or protections for vulnerable beneficiaries. People consider such trusts when they want more structured oversight than direct beneficiary designations provide, or when beneficiaries may need ongoing financial management rather than an immediate lump sum. Using a retirement plan trust requires careful drafting to align with the retirement plan’s rules and tax law. The trust must be written in a way that preserves favorable distribution options for beneficiaries, where possible, and trustees must follow administrative requirements, including tax reporting and required minimum distribution handling. Coordination with account administrators and periodic reviews help ensure the trust functions smoothly and reflects current intentions and legal requirements.
Naming a trust as beneficiary affects how distributions are administered and can influence tax timing for beneficiaries. Certain trust provisions are required for beneficiaries to take advantage of stretched distribution options or other favorable tax treatment, and improper language can force accelerated distributions that increase tax burdens. Trustees must be prepared to handle taxable distributions, track required minimum distributions, and manage reporting responsibilities to ensure compliance with tax rules. Proper planning can mitigate undesirable tax outcomes by drafting trust terms that meet plan and tax criteria for beneficiary distribution treatment. This may involve naming individual beneficiaries in certain ways or structuring trust provisions to allow beneficiaries to use their own life expectancies for distribution calculations. Close attention to these details during drafting and coordination with plan administrators helps preserve tax-efficient options for beneficiaries.
A retirement plan trust can be an effective tool to support beneficiaries with special needs by providing supplemental financial support while preserving eligibility for public benefits. Trust provisions can restrict direct distributions that might disqualify a beneficiary from means-tested programs and instead authorize the trustee to use funds for housing, medical costs, education, and other needs without disrupting benefit eligibility. Careful wording is essential to ensure the trust complements rather than replaces public assistance programs. Drafting for special needs requires thoughtful language and often coordination with other planning documents, such as special needs trust provisions, to avoid unintended consequences. Trustees should be guided on how distributions affect benefits and how to document expenses. Regular reviews help keep the trust aligned with changes in benefits rules and the beneficiary’s circumstances to maintain the intended protective structure.
To make sure a trust is accepted by a retirement plan administrator, the trust document must be clear, properly executed, and accompanied by a certification of trust or other institutional documentation the administrator requires. Plan administrators often have specific rules about the form of information they need to recognize a trust as beneficiary, so providing the requested documents and clear trustee identification helps the process proceed without delay. It’s important to confirm plan-specific requirements before finalizing beneficiary designations. Delivering trust certifications and communicating with the plan administrator ensures that the trust is properly recorded as the account beneficiary. In some cases, plan administrators may ask for additional documentation or clarifications about trust provisions, so proactive engagement reduces surprises. Maintaining accurate and accessible records also helps trustees manage distributions and respond efficiently when the time comes to claim plan benefits.
A retirement plan trust typically works best within a broader estate plan that includes a revocable living trust, last will and testament, financial power of attorney, and advance health care directive. A pour-over will can serve as a safety net for assets not titled to the trust, and certifications of trust may be needed to interact with financial institutions. Coordinating these documents ensures consistent instructions and minimizes conflicts between beneficiary designations and testamentary provisions. Other supporting documents, such as HIPAA authorizations and guardianship nominations, may also be helpful depending on family circumstances. Updating beneficiary forms on retirement accounts and preparing trustee guidance for administration are practical steps to implement the plan. Together, these documents create an integrated approach that addresses incapacity, end-of-life decisions, and orderly asset transfer for families.
Choosing a trustee involves considering the individual’s availability, ability to manage financial matters, impartiality, and willingness to carry out fiduciary duties. Many choose a trusted family member or friend who understands the family dynamics and can communicate effectively with beneficiaries. Alternatively, naming a corporate trustee or a professional fiduciary may be appropriate when impartial administration, ongoing management, or complex financial oversight is needed. The right choice balances trustworthiness with practical administrative capabilities. It is also prudent to name successor trustees to provide continuity if the initial trustee cannot serve. Discussing the role with the chosen trustee in advance ensures they are prepared and willing to assume responsibilities. Providing clear instructions in the trust and accessible documentation further supports a smooth transition and reduces the risk of disputes or administrative confusion down the line.
Review beneficiary designations and trust documents periodically, and especially after major life events such as marriage, divorce, birth, or death in the family. Changes in tax law, retirement account rules, and family circumstances can affect how retirement plan trusts function and whether revisions are necessary. A regular review schedule helps ensure documents remain aligned with current intentions and legal requirements, preventing unintended consequences and preserving intended distribution outcomes. Keeping records current and communicating changes to trustees and beneficiaries improves the likelihood that the plan will be administered smoothly. It is also wise to confirm with plan administrators that beneficiary forms are correctly recorded after any updates. Proactive maintenance avoids surprises and reduces administrative delays when distributions become necessary.
Naming a trust as beneficiary can help avoid probate for the retirement account asset itself if the plan permits direct transfer to the trust, because proceeds pass according to the beneficiary designation rather than under a will. However, other assets not titled correctly may still require probate, so a pour-over will and proper asset retitling are important to minimize probate exposure across the estate. Coordination between account beneficiary forms and estate documents is essential to achieving the desired outcome. Even when probate is avoided for retirement accounts, trusts can require administration and trustee actions that involve documentation and tax reporting. Trustees must follow the trust terms and comply with plan requirements to obtain distributions. Clear planning and proper funding of trusts reduce the likelihood of probate and streamline post-death administration for families.
In blended family situations, a retirement plan trust can be used to preserve assets for children from prior relationships while also providing for a surviving spouse or other family members. Trust provisions can create separate shares, set distributions based on life events, and protect assets from being redirected outside the intended family line through remarriage or other changes. This tailored approach provides a predictable plan for distributing retirement proceeds in line with the account owner’s goals. Drafting in blended family contexts requires careful consideration of beneficiary designations, trustee powers, and succession planning to prevent unintended outcomes. Clear documentation and communication help ensure that trustees and family members understand the plan. A retirement plan trust can reconcile competing priorities and provide a structured mechanism to balance the needs of multiple beneficiaries over time.
If trust language conflicts with your retirement plan’s beneficiary form, the beneficiary designation generally controls the distribution of the retirement account, since account paperwork typically supersedes testamentary documents. Resolving such conflicts requires aligning beneficiary designations with trust provisions and, if necessary, updating account forms to name the trust properly. Reviewing both the trust document and account beneficiary forms together prevents contradictions that could frustrate the account owner’s intentions. When a conflict is discovered, prompt action to update forms and clarify trust language reduces the risk of unintended distributions. Providing clear certifications of trust and communicating with plan administrators helps ensure the trust’s recognition and consistent administration. Regular review and coordination keep documents congruent and reduce the chance of disputes during administration.
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