A basic estate plan is an estate plan that includes legal documents which, together with proper nonprobate
asset beneficiary designations, are likely to address the estate planning needs of most people, but which avoid the complexities of drafting and enforcing a trust.
Not exact matches
Therefore, if your ex-spouse gave up any claim to retirement
assets in a divorce, make sure your IRA
beneficiary designation form is updated to reflect that change.
In a 401 (k), if one spouse does not change his or her
beneficiary designation, the
assets will go to the ex no matter what the will states.
Put another way, probate
assets are generally those you own alone in your name, while nonprobate
assets generally consist of
assets you no longer have legal title to (i.e. trust
assets),
assets that will pass automatically upon your death (i.e.
beneficiary designation), and
assets owned jointly with others (i.e. joint tenancy with right of survivorship).
Assets owned individually by a decedent at death that don't pass to another person by trust (i.e. revocable living trust), contract /
beneficiary designation (i.e. life insurance, annuity or 401 (k)-RRB-, or operation of law (i.e. joint tenancy with right of survivorship) may be subject to probate if the applicable threshold is exceeded.
Assets that pass by contract / beneficiary designation such as retirement assets, annuities, and life insu
Assets that pass by contract /
beneficiary designation such as retirement
assets, annuities, and life insu
assets, annuities, and life insurance.
In addition to your will, review all of your
beneficiary designations to ensure they match up with how you want your
assets divided.
Similarly,
assets such as life insurance policies and qualified accounts such as IRAs and 401 (k) accounts must have completed
beneficiary designations that either specify your living trust or an individual
beneficiary.
There are various ways to avoid probate which include the use of a revocable living trust, joint titling of
assets, or using
beneficiary designations for estate
assets.
If you don't keep your
beneficiary designations updated, your retirement
assets may not pass to the people you want them to pass to, even if you have the best will in the world.
As part of your estate planning, review your
beneficiary designations and titling of
assets to see your exposure to probate.
Keep in mind that retirement
assets are generally passed by
beneficiary designation.
It isn't possible to make one «blanket»
beneficiary designation that will apply to all your financial products; they must be made
asset by
asset.
a provision of a brokerage account that allows the account's
assets to pass directly to an intended
beneficiary; the equivalent of a
beneficiary designation
Some estates have all
assets passing via
beneficiary designation or survivorship, so that probate is not required.
Assets that have beneficiary designations will generally bypass probate, as well as joint assets with rights of survivo
Assets that have
beneficiary designations will generally bypass probate, as well as joint
assets with rights of survivo
assets with rights of survivorship.
Beneficiary designations can also fall through the cracks when you change financial providers — for example, if you roll over your IRA
assets from one firm to another.
You've probably heard the horror stories about the guy who inadvertently left his 401 (k) to his ex-wife because he had failed to name his new spouse as his
beneficiary, or mistakenly left his youngest with no
assets because he hadn't updated IRA
beneficiary designations after the birth of the child.
Beneficiary designations for IRAs and 401 (k) s get the most attention, probably because they're the largest
asset pools in many households.
But don't neglect
beneficiary designations for nonretirement
assets like taxable brokerage accounts.
If your partner had RRSPs or RRIFs, the
assets can be transferred to you without tax consequence through your partner's
beneficiary designation, will or through a divorce settlement.
A
beneficiary designation clearly identifies how specific
assets will be distributed after your death.
Your retirement
assets may be transferred to The Grey Muzzle Organization by completing a
beneficiary designation form provided by your plan custodian.
And, non-lawyers (even sophisticated, affluent business people) routinely fail to grasp that a Will only governs
assets which don't have
beneficiary designations and is subject to forced marital share and minimum family inheritance laws that act by operation of law as well as other «gap filling» presumptions that modify the literal meaning of certain kinds of language in a Will.
You would have to wait through probate before receiving the portion of her
assets from her will, so it won't be as clean as a normal
beneficiary designation where the
beneficiary has access to the funds very shortly after the death of the insured.
It isn't possible to make one «blanket»
beneficiary designation that will apply to all your financial products; they must be made
asset by
asset.
However,
beneficiary designations supercede wills, which means you could have an ex-partner lay claim to your
assets if you pass away.
Beneficiary designations should also be reviewed on all retirement accounts, bank accounts, investment accounts and other
assets, as well as on any group insurance through an employer.
If not, the
beneficiaries on the
assets will supercede the trust
designations.
Also, the division of other
assets may involve your attorney preparing deeds or being involved to some degree in division of investment accounts or confirmation that proper death
beneficiary designations on retirement plans and under life insurance policies is in place as required by the parties» settlement.
What impact will the divorce have on existing estate plans, wills, trusts, Powers of Attorney, medical directives,
beneficiary designations, gifting strategies, legal title to
assets, and any other applicable items?
A financial mediator can help the couple In addition to splitting
assets, and address issues involving alimony, child support,
beneficiary designations and retirement plans.
Certain securities and brokerage accounts include a
designation of one or more
beneficiaries to receive the
assets in that account when the account owner dies.