What if your spouse just passed away and you learn that the life insurance proceeds from your deceased husband will be paid to his ex-wife? Shouldn’t you, the current wife, be entitled to the insurance payout? What if your husband thought he took care of this and changed his will to make you the beneficiary of his entire estate: that changes the policy designation as well, right?
As WMUR explains in its recent article, “Money Matters: The trump card of estate planning,” depending on state law, beneficiary designations can be the trump card of estate planning. In almost all cases under this scenario, the ex-wife will receive the life insurance proceeds.
That’s why assigning and regularly reviewing your beneficiary designations is a critical part of estate planning. Remember that assets for which beneficiary designations trump wills or estate directives include the following:
- Individual and Group Life Insurance;
- Traditional and Roth IRAs
- Qualified Retirement Plans and 401(k)s;
- Employee Stock Ownership Plans (ESOPs);
- Contractual rights under deferred compensation plans; and
- Employment contracts
It’s vital to remember that a change to your will or your trust doesn’t automatically make changes to all your assets listed in those documents.
Beneficiary designations are effective immediately after death. Since they override any instructions made in your will, those assets won’t have to go through probate. Be certain that your beneficiary designations are updated and coordinated with your overall estate plan. It’s a good idea to review and update them, after any major life event like a marriage, divorce, or the birth or adoption of a child.
Finally, you should also name contingent beneficiaries. The primary beneficiaries will inherit the funds first. But if they have already passed away, or if you die together, your assets would go to the named “secondary” or contingent beneficiaries.
One of the main goals of our law practice is to help families like yours plan for the safe, successful transfer of wealth to the next generation. Call our office today to schedule a time for us to sit down and talk about your estate plan, where we can identify the best strategies for you and your family to ensure your legacy of love and financial security. Our office is located in Santa Ana, CA but we serve all of California including Irvine, Orange, Tustin, Newport Beach, and Anaheim.
Reference: WMUR (April 5, 2018) “Money Matters: The trump card of estate planning”