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.
Whatever you do, don't name the child as the beneficiary—the law prohibits anyone from receiving a life insurance payout if they aren't the age of majority (which could be 18 or 21 depending on your state). Consult with an attorney if you have a disabled or special needs child.
An eligible designated beneficiary (EDB) is always an individual. An EDB cannot be a nonperson entity such as a trust, an estate, or a charity. The five categories of EDBs include: A surviving spouse.
Can anyone be named as a beneficiary? Your beneficiary can be a person, a charity, a trust, or your estate. Almost any person can be named as a beneficiary, although your state of residence or the provider of your benefits may restrict who you can name as a beneficiary.
You can name anyone (except for your employer in a group term life policy) as the beneficiary of your life insurance policy. Many people choose a family member or child, but that's not required. You can also name a charity or a trust.
Beneficiaries of retirement plan and IRA accounts after the death of the account owner are subject to required minimum distribution (RMD) rules. A beneficiary is generally any person or entity the account owner chooses to receive the benefits of a retirement account or an IRA after they die.
Generally, a designated beneficiary is required to liquidate the account by the end of the 10th year following the year of death of the IRA owner (this is known as the 10-year rule). An RMD may be required in years 1-9 when the decedent had already begun taking RMDs.
Most life insurance companies require you to name at least one beneficiary. If beneficiaries are not named, the life insurance proceeds can go to your estate. If you don't have a will, your estate, including the death benefit, may need to go through probate court.
Note that the preferred beneficiary status does not apply to siblings.
Ways an Executor Can Override a Beneficiary
For example, the executor may decide to sell estate property that one or more of the beneficiaries were hoping to receive as part of their inheritance.
A lot of people name a close relative—like a spouse, brother or sister, or child—as a beneficiary. You can also choose a more distant relative or a friend. If you want to designate a friend as your beneficiary, be sure to check with your insurance company or directly with your state.
Beneficiaries who do not meet the criteria of insurable interest may be disqualified. For example, a stranger or someone without any familial or financial relationship with the policyholder may be ineligible.
And you shouldn't name a minor or a pet, either, because they won't be legally allowed to receive the money you left for them. Naming your estate as your beneficiary could give creditors access to your life insurance death benefit, which means your loved ones could get less money.
The beneficiary can use the money as they see fit and is not required to split life insurance with siblings or other family members. However, there are situations where siblings may challenge the distribution of life insurance benefits.
Having a minor as a beneficiary has its own special issues. A minor cannot inherit directly until they reach the age of majority, so unless you want the probate court to appoint a conservator for their assets, it's advisable to set up a trust for the minor instead.
A silent trust is one that isn't revealed to the beneficiary by either the trustee or trust grantor (or creator). The trustee manages the assets and usually doesn't make distributions to the beneficiary. After a period of years, the trustee reveals the trust to the beneficiary, as directed in the trust agreement.
When a beneficiary can't be determined, the benefit is often instead paid out to your estate. The proceeds and the rest of your property and investments will be distributed according to your will, the insurance contract details and state law. The contract will go into probate if there isn't a beneficiary on file.
Noneligible designated beneficiaries. The group known as non-eligible designated beneficiaries represents most non‑spouse beneficiaries who are more than 10 years younger than the original owner and aren't minor children of the deceased account owner.
An heir can claim their inheritance anywhere from six months to three years after a decedent passes away, depending on where they live. Every state and county jurisdiction sets different rules about an heir's ability to claim their inheritance.
Who gets a deceased's pension is determined by the pension contract. Some pension contracts may stipulate that the pension ceases when the participant dies, while others may allow for the pension to be distributed to a surviving spouse or a dependent, such as a child.
Basic Facts About Life Insurance Beneficiaries
A person also need not be related to the insured to be named as a beneficiary; California law allows policyholders to designate anyone they want to be a beneficiary.
A qualified beneficiary is a limited subset of all trust beneficiaries. In effect, the class is limited to living persons who are (a) current beneficiaries, (b) intermediate beneficiaries, and (c) first line remainder beneficiaries, whether vested or contingent.