Contingent

How to Improve Beneficiary Designations

Beneficiary designations supersede all other estate planning documents, so getting them right makes an important difference in achieving your estate planning goals. Mistakes with beneficiary designations can undo even the best plan, says a recent article from The Street, “5 Retirement Plan Beneficiary Mistakes to Avoid”. Periodically reviewing beneficiary forms, including confirming the names in writing with plan administrators for workplace plans and IRA custodians, is important.

Beneficiary Designations
Keeping your beneficiary designations up to date is one of the most important (and easy) things you can do.

Post-death changes, if they can be made (which is rare), are expensive and generally involve litigation or private letter rulings from the IRS. Avoiding these five commonly made mistakes is a much better way to go.

1—Neglecting to name a beneficiary. If no beneficiary is named for a retirement plan, the estate typically becomes the beneficiary. In the case of IRAs, language in the custodial agreement will determine who gets the assets. The distribution of the retirement plan is accelerated, which means that the assets may need to be completely withdrawn in as little as five years, if death occurs before the decedent’s required beginning date for taking required minimum distributions (RMDs).

With no beneficiary named, retirement plans become probate accounts and transferring assets to heirs becomes subject to delays and probate fees. Assets might also be distributed to people you didn’t want to be recipients.

2—Naming the estate as the beneficiary. The same issues occur here, as when no beneficiary is named. The asset’s distributions will be accelerated, and the plan will become a probate account. As a general rule, estates should never be named as a beneficiary.

3—Not naming a spouse as a primary beneficiary. The ability to stretch out the distribution of retirement plans ended when the SECURE Act was passed. It still allows for lifetime distributions, but this only applies to certain people, categorized as “Eligible Designated Beneficiaries” or “EDBs.” This includes surviving spouses, minor children, disabled or special needs individuals, chronically ill people and individuals who are not more than ten years younger than the retirement plan’s owner. If your heirs do not fall into this category, they are subject to a ten-year rule. They have only ten years to withdraw all assets from the account(s).

If your goal is to maximize the distribution period and you are married, the best beneficiary is your spouse. This is also required by law for company plans subject to ERISA, a federal law that governs employee benefits. If you want to select another beneficiary for a workplace plan, your spouse will need to sign a written spousal consent agreement. IRAs are not subject to ERISA and there is no requirement to name your spouse as a beneficiary.

4—Not naming contingent beneficiaries. Without contingency, or “backup beneficiaries,” you risk having assets being payable to your estate, if the primary beneficiaries predecease you. Those assets will become part of your probate estate and your wishes about who receives the asset may not be fulfilled.

5—Failure to revise beneficiaries when life changes occur. Beneficiary designations should be checked whenever there is a review of the estate plan and as life changes take place. This is especially true in the case of a divorce or separation.

Any account that permits a beneficiary to be named should have paperwork completed, reviewed periodically and revised. This includes life insurance and annuity beneficiary forms, trust documents and pre-or post-nuptial agreements.

Reference: The Street (Aug. 11, 2020) “5 Retirement Plan Beneficiary Mistakes to Avoid”

Per Stirpes or Per Capita: Two Words That Could Undo Your Estate Plan

No one relishes the idea of planning for their own death, but the alternative of not planning and leaving your family members to sort out a mess is a poor way to be remembered. According to a recent article from Kiplinger, titled These 2 Words Could Send Your Retirement Money to the Wrong Beneficiary,” knowing the difference between per stirpes or per capita could save you from accidentally cutting someone out of your will.

per stripes vs per capita
Understanding the difference between per stirpes and per capita could make all the difference.

First, always be sure the beneficiary designations on your retirement accounts, insurance accounts and any other accounts that allow you to have a named beneficiary, match up with your will and your wishes. Property and assets outside of your retirement accounts will be distributed by other estate planning tools, like trusts, or TODs (Transfer on Death) for jointly held assets. If you don’t make plans, most of your estate will go through probate. It’s can be expensive and time consuming, but with the right planning, it can be avoided.

Most people name their spouse as the primary beneficiary on their retirement account. If you don’t wish to do this, you may have to fill out paperwork and have your spouse sign a waiver agreeing to your plan. State and Federal laws protect spouses, when it comes to certain types of retirement accounts, unless waived. After naming your primary beneficiary, you name contingent beneficiaries. If you are married and have children, it’s likely that your children will be your contingent beneficiaries. No children? In that case, a niece or nephew or other family member is usually named. By the way, if you want to give to charity, then retirement funds are the perfect asset to give.

The next decision to make is the key one: per stirpes or per capita. This step is often missed, because it’s not used on every asset form. Per stirpes is a Latin legal term that simply means if your primary beneficiary dies before you die, their next of kin inherits your assets. The alternative is per capita. By choosing per capita, your money only goes to your other primary beneficiaries.

Here’s an example of how per capita might work.

Imagine a grandmother, daughter and granddaughter. The daughter is the primary beneficiary on the grandmother’s retirement account, but the grandmother forgets to name a contingent beneficiary.

If the daughter dies before the grandmother and the daughter is still listed as the primary beneficiary when the grandmother dies, the money won’t go the granddaughter. The money will go through probate and the court would decide who receives the money. Had the grandmother selected per stirpes, the money would have gone straight to the granddaughter, even if she were not listed as a contingent beneficiary. When you choose per stirpes, the next of kin to your primary beneficiary (or your heir’s heirs) receive their share of your property.

Per capita ensures that your money goes to your primary beneficiaries only. Per capita is also typically the default option most retirement savers have in place right now.

Depending on how you want your inheritance handled, it’s easy to see how not knowing when to use per stirpes or per capita could be a costly estate planning mistake.

Reference: Kiplinger (July 30, 2020)These 2 Words Could Send Your Retirement Money to the Wrong Beneficiary

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