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  • Home
  • About
    • Client Reviews
  • Practice Areas
    • Living Trusts
    • Last Will & Testament
    • Power of Attorney
    • Health Care Directives
    • Trust Administration
    • Probate
  • Areas Served
    • Santa Clarita
    • Canyon Country
    • Castaic
    • Newhall
    • Saugus
    • Stevenson Ranch
    • Valencia
  • Get Started
  • Resources
    • Blog
    • Videos
    • Webinar
    • Audio
    • Payment
  • Contact
    • Zoom Video

Law Office of Robert Mansour

Blog
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The pros and cons of using beneficiary designations

5/27/2024

 
A crucial part of financial management is estate planning which can help make sure that your assets are distributed pursuant to your wishes. Beneficiary designations on bank accounts, life insurance policies, and retirement accounts are commonly used. Using beneficiary designation is easy and often effective.  We will discuss the pros and cons of beneficiary designations in this post.

The Advantages of Designated Beneficiaries

Ease and Quickness


Beneficiary designations provide an easy way to distribute your assets.  You want "Johnny" to get your IRA?  All you have to do is fill out a form.  You can specify who will get the proceeds from your bank accounts, life insurance policies, and retirement accounts by just completing out a form. 

Steer clear of Probate

Using beneficiary designations has several important benefits, one of which is that the assets avoid going through the probate procedure. The procedure of probate can be drawn out and expensive, which could cause a delay in the beneficiaries receiving your assets. Beneficiary designations allow assets to be transferred directly to designated beneficiaries, bypassing the probate court.

Confidentiality and Privacy

Asset transfers made through beneficiary designations stay private because they avoid the probate process. Since probate is a public procedure, information about your estate will be available to the public. Beneficiary designations, on the other hand, enable a more covert transfer of assets.

Flexibility

Beneficiary designations are quite flexible and simple to change. You can modify your beneficiary designations to match your current intentions if your circumstances change, such as when you get married, divorce, or have a kid. This adaptability guarantees that your resources are consistently in line with your goals.  In some cases, all you have to do is fill out a new beneficiary form online.

The Potential Drawbacks of Designating Beneficiaries

Outdated Beneficiary Forms

The fact that beneficiary designations might go out of date is one of the most frequent problems with them. Major life events like divorce or the birth of a new child could cause you to neglect to change your designations, which could result in the distribution of your assets against your current preferences. It's crucial to verify and update your beneficiary designations on a regular basis.

Your Will or Trust Might Be Different

The designations made by beneficiaries supersede your will or living trust. Some folks think their trust or will govern the distribution of everything. That is a common misunderstanding.  Who you have as designated beneficiaries may not line up with your will or trust.  They don't have to but it's good to double check if your wishes are truly reflected in those designations.   Beneficiary designations may cause disagreements among heirs if they are unclear or conflict with other estate planning instruments. For your loved ones, this might mean delays and further stress during an already trying time.

Absence of Emergency Planning

Many forget to designate contingent beneficiaries, or those who will inherit the assets in the event that the principal beneficiary passes away before them. One of the primary purposes of beneficiary designations is to avoid probate proceedings for the assets in the event that there are no contingent beneficiaries.  We have found in our practice that clients either have the wrong beneficiaries, incomplete beneficiaries, or none at all when they check to see what they actually have.

Handling Particular Situations

When handling unique conditions like blended families, minor children, disabled beneficiaries, elder beneficiaries, complicated financial situations, or charitable purposes, living trusts are especially helpful. They provide a degree of adaptability and personalization that is unmatched by straightforward beneficiary designations.

In summary

Beneficiary designations are an effective estate planning technique that can avoid probate and give efficiency and simplicity. They do have some possible drawbacks, though, like out-of-date designations, issues with your will, and a lack of backup plans. You should think about designating a trust as the beneficiary of your bank accounts, life insurance policies, and retirement accounts in order to reduce these risks and obtain extra advantages.

Trusts can handle intricate estate planning requirements and offer improved control, protection, and tax benefits. You and your loved ones can have peace of mind knowing that your assets are dispersed in accordance with your preferences by making thoughtful plans and routinely reviewing your beneficiary designations. Make sure to discuss the pros and cons when speaking with your attorney about your estate plan. 

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    By Attorney Robert Mansour

    Robert Mansour is an attorney who has been practicing law in California since 1993. Click here to learn more about Robert Mansour.

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