Don’t Flunk Estate Planning 101
[The following is taken from The Washington Post’s article by Michelle Singletary, Sunday, May 26, 2002; Page H01 outlining advice given by Thomas D. Murphy Jr., a probate lawyer and senior partner at Murphy, McCoubrey & Auth in Massachusetts. It’s always good to stop and review these basic rules and their application to your situation.]
• Naming
your estate as the beneficiary. This can undo certain policy or retirement-plan
advantages. For example, insurance benefits are generally not subject
to claims from creditors, but an estate is. If your estate is the beneficiary,
your insurance benefits may no longer be exempt. Also, naming an estate
as beneficiary will result in the liquidation of an individual retirement
account upon your death, with taxes becoming due immediately. This can
deprive a surviving spouse of continued tax-free growth of that money.
Check with a tax expert or lawyer before naming your estate as a beneficiary. • Failure
to name a secondary beneficiary. If your primary beneficiary dies before
you, or at the same time, and you have not named a secondary beneficiary,
your insurance policy or retirement plan will bounce back to your estate.
In that event the money will be distributed according to your will or,
if you have no will, according to your state's laws. • Naming
minor children as beneficiaries. Generally, insurance companies, pension
plans and retirement accounts will not pay death benefits to minors.
Benefits are held until a court-approved guardian or trustee is appointed.
If you want to provide for minors, name a trustee or establish a trust.
Failure to do so will mean the court will name one for you. • Overlooking
tax ramifications. Many people have misconceptions about what is and
isn't taxed. Life insurance benefits are generally free from federal
income tax. As for tax-deferred accounts, in general, spouses are the
only party that can continue to defer taxes in tax-deferred accounts
and this is usually done by rolling it into another tax-deferred account
of similar type. Consult a tax professional to find out the tax ramifications
when naming beneficiaries. • Failing
to update records. People often neglect to make changes to their insurance
policies or retirement accounts when their family situation changes.
Even in instances when a will indicates otherwise, designated beneficiaries
in policies and insurance plans usually supersede any other indications.
And generally, there is no satisfactory recourse. So make it a habit
to review your insurance policies and retirement-plan records. A checklist
of life events requiring a document update can be found at www.familyfiles.com. • Failure
to be specific. Ambiguities can complicate payment and leave a door
open for dispute. For example, don't just write on the line for beneficiary
"my wife" or "my child." That wording may not be
sufficient, particularly in instances of multiple marriages. In naming
beneficiaries, use full names. • Assuming
your will "has you covered." Generally, beneficiaries named
in insurance policies and retirement plans trump any instructions you
leave in your will. Make sure you have specified beneficiaries in your
policies and plans. Many bank and investing accounts have mechanisms
for naming beneficiaries so those assets can avoid probate. Check your
bank and credit union accounts, CDs, equities and mutual funds to see
if "payable on death" or "transferable on death"
options are available. • Not leaving instructions as to where your will, insurance papers and other important records are kept. All the financial and tax advice in the world is useless if people can't find your documents or don't know of their existence. Make sure your family is familiar with your most important records and where they are kept. Store important records in a secure file, vault or online file and inform your family of their location.
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