Designating a
Beneficiary
A beneficiary is the person or entity you name (designate)
to receive the death benefits of a life insurance policy.
Revocable and irrevocable
beneficiaries
The beneficiary can be either irrevocable or
revocable. Once named, you cannot change an irrevocable
beneficiary without his or her consent. A revocable
beneficiary can be changed at any time.
Primary, secondary, and final
beneficiaries
You can name as many beneficiaries as you want, subject to
procedures set in the policy. The beneficiary to whom the
proceeds go first is called the primary beneficiary.
Secondary beneficiaries are entitled to the proceeds only if
they survive both you and the primary beneficiary. A third
level of beneficiary ("final" beneficiaries) can
be named as well. Final beneficiaries receive proceeds only
if they outlive all other beneficiaries. Usually aunts,
uncles, nieces, nephews, and charities are named at this
level.
You should name both secondary
beneficiaries and final beneficiaries. You may outlive the
primary beneficiary, you may die simultaneously, or the
primary beneficiary may be unable to collect the proceeds.
In these cases, if you have not named secondary
beneficiaries, the proceeds pass to your estate. Proceeds
paid to your estate are subject to all the expenses and
delays associated with settling an estate, whereas named
beneficiaries can receive proceeds almost immediately after
your death.
Multiple beneficiaries
You may name multiple beneficiaries if you choose. There
are no legal restrictions--and few company restrictions--on
the number of beneficiaries you can designate. The only
requirement is that they must all have an insurable interest
in you (e.g., spouse, child, business partner, etc.) at the
time you apply for the insurance.
If you name multiple beneficiaries, you
must also specify how much each beneficiary will receive.
You may not want to give each beneficiary an equal share, so
you must state how the proceeds should be divided. Because
of the numerous interest and dividend adjustments the
insurance company must make, the death benefit check often
does not exactly equal the policy's face value. Thus, it's
wise to distribute percentage shares to your beneficiaries,
or to designate one beneficiary to receive any leftover
balance.
How do you name or change a
beneficiary?
When you buy life insurance, the insurer will provide you
with a beneficiary designation form. Generally, you only
need to list the names of the beneficiaries, sign the form,
and date it. When changing a beneficiary, a similar form is
used. It is advisable to specifically revoke any previous
designations by writing this in on the change of beneficiary
form. You may want to review your beneficiary designation
every two or three years. Additionally, be sure to check and
update your designation upon certain life events (e.g.,
divorce, remarriage, the birth of children, etc.).
Don't make the mistake of thinking that
you can change your beneficiary in your will. A change of
beneficiary made in your will does NOT override the
beneficiary designation form. If you want to change the
beneficiary, execute a change of beneficiary form. Do not
rely on your will to do so.
Why designating the proper beneficiary
is important
Life insurance is purchased for two primary reasons: to
create an instant estate to provide for your family members,
and to solve cash flow problems caused by your death. To
attain these goals, you want to ensure that all the life
insurance proceeds are received by the beneficiary. To do
this, you need to avoid estate taxes that will deplete these
funds. One way to avoid taxes is to properly designate the
beneficiary.
Should you name your spouse as
beneficiary?
Most married people name their spouse as primary
beneficiary. If your spouse is the beneficiary, then
the proceeds pass free of estate taxes under the unlimited
marital deduction, regardless of who owns the policy.
However, if the spouse also has a sizeable estate, the
proceeds will be included when he or she dies (unless, of
course, they have been spent). In the later case, you may
end up only postponing estate taxes, not completely avoiding
them.
Additionally, if you and your spouse die
simultaneously, the Uniform Simultaneous Death Act (USDA)
provides that the beneficiary will be presumed to have died
first. This means that the unlimited marital deduction will
be lost, and the proceeds will be included in your gross
estate.
Be aware, however, that if you live or
move to a community property state, your spouse must give
written consent before you can designate anyone else as your
beneficiary.
Other things to think about
Be careful if you name your estate or your executor
If your estate or your executor is named as beneficiary on
your life insurance, the proceeds will be included in your
gross estate for federal estate tax purposes. If your gross
estate is large enough, estate taxes must be paid. These
taxes reduce the life insurance proceeds available for your
family, and the process of settling the estate will delay
the availability of the life insurance proceeds.
Of course, your child or spouse may also
serve as your executor. In this case, he or she may be a
perfectly appropriate beneficiary. Just make sure you
indicate that the beneficiary is your child or spouse, and
not just the executor of your estate.
Be careful if you name a creditor, or
someone who will use the proceeds to do you a favor
Occasionally, a beneficiary is considered by the IRS to be
for the benefit of your estate. When this happens, the
proceeds from the life insurance policy are included in your
gross estate for estate tax purposes. Examples of this
include:
- naming a creditor as beneficiary (in
payment of a debt)
- naming a beneficiary to receive
proceeds under an agreement that requires him or her to
pay your estate's debts or expenses
- naming a beneficiary to receive
proceeds to pay alimony or support
Don't name a minor unless a guardian
has been appointed or a trust is used
Insurers generally will not make settlements directly to
minors. Do not name a minor as a beneficiary unless you also
appoint a guardian or use a trust.
Name a beneficiary in accordance with a
divorce decree, settlement agreement, or state law
Your right to change a beneficiary may be limited by a
divorce decree or settlement agreement. In some states,
divorce automatically terminates a spouse's interest. In
other states, divorce allows a policyowner to change the
beneficiary, even if the beneficiary is irrevocable.
Learn More...
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Please Note: The
information contained in this Web site is provided solely as a source of
general information and resource. It is a not a statement of
contract and coverage may not apply in all areas or circumstances. For a complete
description of coverages, always read the insurance policy, including
all endorsements.
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