There are a number of choices for who can own a policy but every policy has an owner. The owner is the person who has control of the policy during the insured's lifetime. They have the power, if they want, to surrender the policy, to sell the policy, to gift the policy, to change the policy death benefit beneficiary.
And while a big part stems from your circumstances - keep in mind that regardless of what your situation is, technically you can choose virtually anybody you want to be a beneficiary to your estate. It's true, most people choose their spouse or children, but remember, that's not necessarily your only option.
If you are a resident of certain states, you may be required to list your spouse as your primary beneficiary and designate him or her to receive at least 50 percent of the benefit. In some states, you can name someone else with your spouse's written permission.
If you can, consider assigning your spouse or partner as the primary beneficiary. This way, they can continue to handle your household finances and save money for your child's future. If both you and your partner or spouse pass away, the life insurance trust can kick in.
That is, the insured party should not be the owner of the policy, but rather, the beneficiary should purchase and own the policy. If your beneficiary (such as your spouse or children) purchases the policy and pays the premiums, the death benefit should not be included in your federal estate.
A life insurance beneficiary designation usually overrides a current spouse or a will. Spouses in community property states must split the death benefit with the named beneficiary. Review (and update) your beneficiaries any time your situation changes.
For most people without high net worth, naming beneficiaries individually on life insurance policies makes more sense than opening a trust. Spouses can pass assets estate-tax-free upon one of their deaths. A trust is an entity, not a person, which makes a difference when it comes to life insurance policy payouts.
Estranged relatives or former spouses – Family relationships can be complicated, so think carefully if an estranged relative or ex-spouse really aligns with your wishes. Pets – Pets can't legally own property, so naming them directly as beneficiaries is problematic.
Usually, the best way to divide up the money is by percentage. (For example: 50%/50%, 65%/35%, 50%/25%/25%, etc.)
If you do not name a beneficiary, The Standard will pay the life benefit according to the “policy order.” This means your surviving spouse will be paid the benefit as the first person listed in the order.
A beneficiary has no rights or access to your accounts. Beneficiaries can only receive the money in your accounts in the event of your passing. Beneficiaries can become joint account holders if you would like them to have access to your money before you pass.
Some may choose a surviving spouse as a named beneficiary while others may name a child or a parent. One substantial reason people purchase a life insurance policy is for peace of mind when it comes to family, knowing that life insurance protection is in place in the event of your death.
The transfer-for-value rule impacts life insurance planning. For example, individuals considering transferring a life insurance policy should be aware of the potential tax consequences. Careful planning and understanding of the tax implications are essential to avoid unexpected tax liabilities.
For example, within an insurance, the person who owns the insurance is the beneficial owner as they can influence and change the parameters of the insurance. On the other hand, a person who is set to receive funds from said insurance but has no influence over it is considered a beneficiary.
Just as a life insurance policy always has an owner, it also always has a beneficiary. The beneficiary is the person or entity named to receive the death proceeds when you die. You can name a beneficiary, or your policy may determine a beneficiary by default.
If you are married or in a common-law relationship of more than two years, your spouse is automatically your beneficiary.
As a standard life insurance beneficiary rule, you must explicitly identify each beneficiary with their full name and Social Security number. Pro tip: Do you live in a community property state? If so, you'll need your spouse's consent to designate a primary beneficiary other than them.
If you're not married you can choose anyone to be your beneficiary. However, if you're married, or are planning to get married, please be aware that by law, your spouse is your default beneficiary, regardless of who you may have been your beneficiary before getting married.
If there is a beneficiary other than the spouse, the spouse cannot override it. However, they are usually entitled to half the death benefit because the law splits community property in half. Half the benefits go to the spouse and half to the listed beneficiary.
While there may be short-term fluctuations in value, the investments have traditionally seen upward trends over the long term. Your earnings on a pre-need trust can be used to cover the gap between today's costs and tomorrow's costs. An insurance policy, on the other hand, has extremely limited growth potential.
Generally, life insurance proceeds you receive as a beneficiary due to the death of the insured person, aren't includable in gross income and you don't have to report them. However, any interest you receive is taxable and you should report it as interest received. See Topic 403 for more information about interest.
Naming your trust as beneficiary can streamline your estate planning process. It allows for the integration of your life insurance policy into your overall estate plan, ensuring that the proceeds are distributed in accordance with your wishes and estate planning objectives.
If you do not designate a beneficiary, your spouse automatically inherits your 401(k) upon your death.
In community property states, a spouse is automatically considered the life insurance beneficiary unless they indicate explicitly otherwise in the policy. All property acquired during the marriage is considered jointly owned by both spouses, regardless of who earned it or whose name is on the title.