By Ben A. Neiburger, Attorney, Generation Law
Navigating the Pitfalls of Overusing Beneficiary Designations in Your Estate Plan
Estate planning is a crucial endeavor that ensures your assets are distributed according to your wishes after your passing. People use beneficiary designations to transfer different assets easily, including bank accounts, life insurance policies, annuities, retirement funds, bonds, and real estate in some states. Although they are convenient and simple, it’s crucial to understand the possible drawbacks and limitations of these designations.
Understanding Beneficiary Designations
A beneficiary designation is a legal arrangement that allows you to designate specific individuals or entities as recipients of specific assets upon your death. These designations are commonly used on financial accounts and instruments such as bank accounts, retirement accounts, annuities, life insurance policies, and bonds. In certain states, they can even apply to real estate properties. The terms “pay on death” (POD) and “transfer on death” (TOD) beneficiaries are often used interchangeably to describe this arrangement.
The Advantages and Disadvantages
Using beneficiary designations in your estate plan offers undeniable advantages. Assets with designated beneficiaries typically avoid probate, streamlining the transfer process. This expedites the distribution of assets to beneficiaries, saving time and potentially reducing legal costs.
However, it’s crucial to be aware of the potential downsides. Almost all assets going to beneficiaries through beneficiary designations has a big drawback. If common estate administration expenses such as funeral costs, legal fees, accounting charges, or real estate sale expenses arise, beneficiaries may refuse or cannot contribute equitably (because they may have spent the money already). Beneficiaries’ conflicts can lead to costly litigation and damage relationships. If your beneficiaries are under age 30 or don’t get along, it’s better to leave a substantial amount of assets to them through a will or trust. (There are some exceptions if all of your assets other than your home are in retirement assets.)
Furthermore, when assets transfer through beneficiary designations, the named beneficiaries often have no access to information about the accounts before the owner’s death. This lack of transparency can lead to challenges, particularly when a complete beneficiary list or historical information is needed. If account information is inaccessible because the only ownership on the account after death is the designation, opening a probate case – an expensive and time-consuming process – might become necessary.
Complex Scenarios and Long-Term Care Considerations
In cases where you assign different beneficiaries to various accounts intending to distribute specific amounts to each, complications can arise. This complexity becomes especially clear when liquidating assets to cover long-term care costs. Liquidating the “wrong” account can alter your estate plan and cause family problems.
In conclusion, although beneficiary designations provide simplicity and efficiency in transferring assets, one should not overlook their potential pitfalls. Overusing these designations can cause unequal expenses, lack of transparency, and family conflicts. Avoid issues by combining beneficiary designations with comprehensive estate planning strategies. Get advice from legal and financial experts to make sure your estate plan aligns with your wishes and your loved ones’ best interests.
