Don't Make These Costly Mistakes When Naming
Beneficiaries
Mary Randolph, JD
Nolo Press

f you have drafted a will, you may think that it
dictates who inherits all of your assets and how those
beneficiaries will split them. But if you are not careful, the bulk
of your assets could end up being distributed in very different
ways than you intended.
Example: Beneficiaries you designate
for life insurance policies... certain investment accounts, such as
401(k)s and IRAs... and even US savings bonds... take precedence
over those you name in your will.
Some of the biggest mistakes...
NAMING THE WRONG BENEFICIARIES
MISTAKE: Naming your estate as
beneficiary. If you name your
estate as beneficiary of your retirement account or life insurance
(or don’t designate a beneficiary at all), these assets will be
subject to probate, a time-consuming and expensive legal process in
which a court oversees the payment of debt and distribution of
assets. Creditors will be able to make claims against these assets
during the probate process. Also, your heirs will not have the
option of allowing the assets in your tax-advantaged retirement
plans to continue to grow on a tax-deferred basis. That’s because
tax laws allow human beneficiaries to withdraw money from inherited
IRAs slowly, based on their remaining life spans, while estates do
not have this right.
Example: Tom, 71, named his estate as
beneficiary of his life insurance policy. The $500,000 payout was
tied up in probate for nearly a year, and probate fees totaled
$25,000.
What to
do: Name a spouse or child as
beneficiary, or name several children as co-beneficiaries.
MISTAKE: Naming a trust as
beneficiary of a retirement account when there are significant
differences in the ages of the heirs.
Snag: The
designated beneficiaries of your tax-advantaged retirement
accounts can choose to allow these funds to continue to grow
tax-deferred after your death. The beneficiaries are required
to make withdrawals based on their own estimated remaining
life spans, which means many decades of tax benefits for
younger beneficiaries. When a tax-advantaged retirement
plan’s designated beneficiary is a trust, all of the trust’s
beneficiaries must make withdrawals based on the age of the
oldest beneficiary.
Example: Martha wanted her three
children, ages 38, 40 and 58, to receive her IRA funds after her
death. Had her children been named the account’s beneficiaries, the
younger two would have reaped the benefits of tax-free growth for
decades. Because Martha named a trust as beneficiary and her
children as the trust beneficiaries, the two younger children had
to take faster withdrawals based on the estimated remaining life
span of the oldest sibling.
What to
do: Name beneficiaries directly in
retirement accounts, and take those designations into account when
apportioning other assets to beneficiaries in your will.
OMITTING KEY STEPS
MISTAKE: Failing to obtain a spousal
waiver for your 401(k) account if you do not wish the assets
to go to your spouse. If you are married, by law your spouse is the
beneficiary of your 401(k), even if your will or a prenuptial
agreement says otherwise.
Example: Harold, 65, remarried after
the death of his first wife. His new wife, Gwen, 62, had assets of
her own and signed a prenuptial agreement stating that Harold’s
savings should pass to his children from his first marriage. But
because Gwen did not also sign a beneficiary waiver for Harold’s
401(k), those assets still passed to her.
What to
do: Obtain a signed waiver from
your spouse.
MISTAKE: Ignoring “transfer on
death” (TOD) opportunities. In most states, it is possible
to name a TOD beneficiary for an investment or bank account and, in
some states, for a home and/or car. This is comparable to joint
ownership except that the TOD beneficiary does not have any control
until the owner dies. Naming TOD beneficiaries can be a good way to
help your beneficiaries avoid the time and expense of probate. Ask
your brokerage house, mutual fund company or bank for the necessary
forms.
Example: Sally, a 73-year-old Arizona
resident, wanted her home to pass directly to her only son, Kevin,
when she died, without the expense of probate. She could have named
Kevin co-owner of the home, but that would have put the home at
risk if Kevin divorced or was sued. Instead, Sally signed and
recorded a new deed that listed Kevin as TOD beneficiary.
What to
do: Consider TOD designations if
they are available in your state. For TOD rules in your state,
check www.nolo.com (click on “Wills &
Estate Planning,” then “Avoiding Probate in Your State”).
FAILING TO UPDATE
MISTAKE: Overlooking the descendants
of deceased children in beneficiary designations
for retirement plans, life insurance policies and savings bonds.
Parents with several adult children often designate their children
as equal beneficiaries. Unfortunately, this seemingly fair system
becomes inequitable if one of the adult children dies before the
parents do. In such cases, the children of the deceased child could
get nothing.
What to
do: Use your will to help balance
out distributions. Example:
Leave your surviving children as the only
beneficiaries of your life insurance policy. Then name the children
of your deceased child as beneficiaries of an appropriate amount in
your will, to balance how much they get with how much your living
children get. Include an explanation in the will of why this was
done so that no one feels unfairly treated. Alternatively, you
could put money into a bank account naming the grandchildren as
beneficiaries “payable on death” of the account holder.
MISTAKE: Forgetting to update
beneficiary designations when you marry, divorce or are
widowed. Even those who remember to
update their wills when they gain or lose a spouse may forget to
update retirement plan and life insurance policy beneficiary
designations.
What to
do: Contact your investment and
life insurance companies to ask how to update your beneficiary
designations, or ask your estate-planning attorney for assistance.
To update the “co-owner” or beneficiary designations on US savings
bonds, contact the Federal Reserve Bank
(800-245-2804, www.treasurydirect.gov) to obtain the forms
necessary to have the bonds reissued.
MISTAKE: Purchasing savings bonds in
unequal amounts for grandkids.Grandparents who purchase
savings bonds for their grandchildren every year might accidentally
leave significantly more to some than others. When the grandparents
pass away or no longer can afford to purchase savings bonds, older
grandkids often have been named beneficiaries on many more bonds
than younger ones.
What to
do: As new grandchildren are born,
buy savings bonds only for them until they catch up with older
ones.