Beneficiary Designations: 5 Critical Mistakes to Avoid
You may be surprised at how easy it is to make an expensive mistake with your beneficiary designations. Here's how to help avoid the five most common mistakes.
Many people might not realize that their will does not control who inherits all of their assets when they die. Many assets pass by beneficiary designation — which is the ability to fill out a form with the financial company holding the asset and name who will inherit the asset upon your death.
Assets such as life insurance, annuities and retirement accounts (401(k)s, IRAs, 403bs and similar accounts) all pass by beneficiary designation. In addition, many financial companies allow you to name beneficiaries on non-retirement accounts, which are known as TOD (transfer on death) or POD (pay on death) accounts.
While naming a beneficiary can be an easy way to ensure your loved ones will receive assets directly, beneficiary designations can also cause many problems. It’s your responsibility to make sure your beneficiary designations are properly filled out and given to the financial company — and mistakes can be costly.
Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
Here are five critical mistakes to avoid when dealing with your beneficiary designations:
1. Not naming a beneficiary at all.
Many people never name a beneficiary for retirement accounts or life insurance. The reason could be people may not realize they can name a beneficiary, or they just never get around to filling out the forms.
If you do not name a beneficiary for life insurance or retirement accounts, then the financial company has it owns rules about where the assets will go after you die. For life insurance, typically the proceeds will be paid to your probate estate. This means that your family will need to hire a lawyer, go to court and probate your estate to claim the proceeds.
For retirement benefits, if you’re married, your spouse will most likely receive the assets. But, if you’re not married, the retirement account will likely be paid to your probate estate, which has unpleasant income tax ramifications. When an estate is the beneficiary of a retirement account, all of the assets will need to be paid out of the retirement account within five years of death. This causes acceleration of the deferred income tax, which must be paid earlier than would have otherwise been necessary.
2. Failing to take into account special circumstances.
Not all loved ones should receive an asset directly. These individuals include minors, individuals with specials needs, or individuals with an inability to manage assets or with creditor issues. Because children are not legally competent, they will not be able to claim the assets. A court-appointed person (known as a conservator) will have to claim and manage the money until the minor turns 18.
Conservatorships can be very costly and require annual accountings to the court. In addition, conservators often need to file a bond with the court, which is typically purchased from an insurance company and can be expensive.
Individuals with special needs who receive assets directly can lose valuable government benefits, because once they receive the inheritance directly, more than likely, they will own too many assets to qualify. And, individuals with financial issues or creditor problems can lose the asset through mismanagement or debts.
In such instances, it’s preferable to create a Trust to be named as the beneficiary. The Trustee (who is in charge of the Trust) can claim and manage the asset for your intended recipients for a period of time that takes into account each particular situation.
3. Getting the name wrong (or not exactly right).
Sometimes individuals fill out their beneficiary designation forms incorrectly. There can be multiple people in a family with similar names (such Sr., Jr. and III), but the beneficiary designation form may not be specific. Individuals change their names over time through marriage or divorce, or assumptions can be made about a person’s legal name that later prove incorrect.
Not having names match exactly can cause delays in payouts, and in a worst-case scenario of two people with similar names, it can result in litigation.
4. Forgetting to update your beneficiaries over time.
Who you want to or should name as a beneficiary will mostly likely change over time as circumstances change. Naming a beneficiary is part of an overall estate plan. Just as life changes, so should your estate plan.
Beneficiary designations are an important part of that overall plan, so you want to make sure they are updated regularly.
5. Not reviewing your beneficiary choices with legal and financial advisers.
How beneficiary designations should be filled out is part of an overall financial and estate plan. It’s best to involve your legal and financial advisers to determine what is best for your individual situation.
Remember, beneficiary designations are designed to ensure you have the ultimate say over who will get your assets when you are gone. By taking the time to carefully (and correctly) select your beneficiaries and then periodically reviewing those choices and making any necessary updates, you stay in control of your money … and that is what estate planning is all about, after all.
To continue reading this article
please register for free
This is different from signing in to your print subscription
Why am I seeing this? Find out more here
Tracy A. Craig is a partner and chair of Seder & Chandler's Trusts and Estates Group. She focuses her practice on estate planning, estate administration, prenuptial agreements, guardianships and conservatorships, elder law and charitable giving. She works with individuals in all areas of estate and gift tax planning, from testamentary estate planning and business succession planning to sophisticated lifetime leveraged gifting techniques, such as grantor retained annuity trusts (GRATs), intentionally defective grantor trusts, family limited liability companies and qualified personal residence trusts (QPRTs). Tracy serves in various fiduciary capacities, including trustee and personal representative (formerly known as executor). She also works with clients on issues facing elders.
-
Is a Phased Retirement Right for You?
Want to keep working, just not as hard? A phased retirement may just be the answer.
By Kimberly Lankford Published
-
Four Tips to Make Your Sales Presentation a Winner
Being prepared and not being boring can go a long way toward persuading a potential customer to buy into what you’re offering.
By H. Dennis Beaver, Esq. Published
-
Four Tips to Make Your Sales Presentation a Winner
Being prepared and not being boring can go a long way toward persuading a potential customer to buy into what you’re offering.
By H. Dennis Beaver, Esq. Published
-
Pros and Cons of Waiting Until 70 to Claim Social Security
Waiting until 70 to file for Social Security benefits comes with a higher check, but there could be financial consequences to consider for you and your family.
By Patrick M. Simasko, J.D. Published
-
Now Could Be Time for Private Investors to Make Their Mark
The venture capital crunch may be easing, but it isn't over yet. That means there could be direct investment opportunities for private deal investors.
By Thomas Ruggie, ChFC®, CFP® Published
-
How to Stop Boredom From Ruining Your Happy Retirement
Retirees who explore new interests and have an active social life are more likely to find joy — and even greatness — in the newfound freedom of retirement.
By Richard P. Himmer, PhD Published
-
The Life-or-Death Answers We Owe Our Loved Ones
How our life ends isn’t always up to us, but that question too often must be answered by loved ones and health care workers who don’t know what we would want.
By Joel Theisen, RN Published
-
Hot Tips for Home Buyers and Sellers Right Now
Real estate looks to be especially hopping this spring, thanks to pent-up demand and buyers adjusting to higher mortgage rates. Here’s how you can prepare.
By Pam Krueger Published
-
Is 100 the New 70?
Eating well, exercising, getting plenty of sleep and managing chronic stress can help make you a SuperAger. Funding that long life requires longevity literacy.
By Phil Wright, Certified Fund Specialist Published
-
Nine Lessons to Be Learned From the Hilton Family Trust Contest
Disclaimers, good communication, post-marital agreements and more could help avoid conflict in a family after the owners of a wealthy estate pass away.
By John M. Goralka Published