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Every year at Daylight Savings, you
dutifully change the batteries in your smoke detectors. You
schedule this to make sure that the safety appliance will
operate properly in case of fire. However, regarding your
financial and estate planning, you probably have not reviewed
and updated beneficiary designations since the day you opened
the IRA, purchased the life insurance policy, became a
participant in the retirement plan or had your will prepared.
The assets that pass by virtue of beneficiary designations:
life insurance, retirement plan benefits and IRAs likely
represent the greatest amount of wealth that will pass at your
death. These assets pass outside of the direction given in
your will and are distributed pursuant to the instruction in
the beneficiary designation. Regular periodic review of your
beneficiary designations is critical to make sure that each
designation: (1 ) properly reflects any changes in your life;
(2 ) operates as intended within the rules of the applicable
plan, IRA or insurance document; and (3) has been properly
executed and acknowledged.
1. Life and circumstance changes. Changes in marital
status, birth, adoption or death of an intended beneficiary
are all triggers for review and likely change of beneficiary
designations. In other cases, the need for change is more
subtle and arises gradually. For example, assume you have two
IRAs and designate your spouse as primary beneficiary on each
and one child as contingent beneficiary on one account and
another child as contingent beneficiary on the other account.
Your goal is to treat the children the same after you and your
spouse are deceased. Initially, the contributions and earnings
are comparable and the accounts are nearly equal. However, at
some point you modify the investments and one account becomes
significantly greater than the other. You do nothing because
you intend to withdraw from the account with the larger
balance or modify the investments in the other account. Your
rebalancing efforts could take years to fully implement, but
at your annual review you could immediately achieve the
intended equal gifting by changing the beneficiary
designations on the accounts to make both children the
beneficiaries on each IRA.
You should also consider changes in the intended
beneficiary's circumstances. Some charitable organizations may
have modified their focus or gone out of existence. Charities
that you favored at age 35 may not have your support at age
55. Individual beneficiaries may have developed credit issues.
Your intent to benefit the individual may not have changed,
but perhaps a trust would better serve the beneficiary's needs
and provide you with peace of mind.
2. Operates within the rules of the applicable plan.
Retirement plans, such as profit sharing and 401(k) retirement
plans with benefits based on individual accounts, generally
fall into one of two types: either not subject to joint and
survivor annuity rules, or subject to the survivor annuity
rules. Plans that are not subject to the joint and survivor
annuity rules require that the benefit be paid 100% to the
surviving spouse in the event of the participant's death,
unless the spouse consents in writing to designation of
another beneficiary. Retirement plans that are subject to the
joint and survivor annuity rules require that in the event of
the participant's death prior to retirement, the surviving
spouse must receive an annuity benefit equal in value to at
least 50% of the account balance at the participant's death,
unless the surviving spouse waives the right to the annuity
and consents to an alternate beneficiary. You must understand
the impact of these rules on your beneficiary designation. For
example, assume you divorce and revise your beneficiary
designation to name your children as the beneficiaries of your
401(k) account but after your remarriage, you do not change
the beneficiary designation. In the event of your death prior
to retirement and in the absence of the requisite spousal
consent, the plan will either pay 100% of the account to your
surviving spouse or at least 50% of the account to the
surviving spouse. You must be certain that your beneficiary
designation will accomplish your goals within the rules that
govern the particular retirement account. Note that
prenuptial agreements do not constitute valid spousal consents.
3. Proper execution. Failure to properly execute or
provide a required acknowledgment may invalidate a beneficiary
designation. For example, the spousal consents referred to
above must either be witnessed by a plan representative or
acknowledged by a notary public or else the consent is
invalid. Insurance companies have their own requirements. In
each instance the formalities must be satisfied.
Beneficiary designations control the disposition of a large
and growing part of your wealth. You must keep them current
and verify with the IRA custodian, insurer or plan sponsor
that the form and manner of completion are correct. Just as
you have established an annual routine to make sure your smoke
detectors are working properly, set a time for annual review
of your beneficiary designations. Do not wait for a life event
to trigger your review and necessary changes. If Easter is the
time for renewal, make it the time every year that you review
your beneficiary designations and make any changes that are
necessary to accomplish your goals.
For additional information, please contact:
David M. Mosier, Esq.
Knox, McLaughlin, Gornall & Sennett, P.C.
120 West Tenth Street
Erie, Pennsylvania 16501-1461
Telephone (814) 459-2800; Fax (814) 453-4530
E-mail:
dmosier@kmgslaw.com
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