Alternate name: Secondary beneficiary
When you name a beneficiary, you’re legally proclaiming whom you want to receive your assets upon your death, which could include an IRA, a 401(k), or an insurance policy. When planning your estate, you should consider naming a secondary beneficiary so that your assets will go where you want them to go and not end up in probate.
How Contingent Beneficiaries Work
When considering who will inherit your assets, you might name your spouse as the primary beneficiary of 100% of an account. Your two adult children might receive 50% each as contingent beneficiaries if your spouse dies before you do. You might also name your spouse as the primary beneficiary of 50% of the account, with your children each named as 25% primary beneficiaries. You can even name a nonprofit charitable organization as a beneficiary, although you’ll want to talk to a tax professional about the best way to do that. The point is that you can divide your assets up any way you choose. The persons you name must be legally able to accept the asset in the event of your death. Your retirement accounts will revert to your probate estate if you fail to name a contingent beneficiary and your primary beneficiary can’t or won’t accept the account. A legal guardian must be named to accept the money on a minor’s behalf and manage it until they reach the age of majority. The same would apply if your beneficiary were mentally incapacitated and unable to manage their own affairs. You can appoint a legal guardian in advance in either case, but a court must legally appoint someone if you don’t. That can be an expensive process. The person named by the court might not be someone you want to have control of your asset. You’re not locked into your beneficiary choices for life. Contingents and primaries can be added or replaced with little to no fuss, unless the account is irrevocable, as might be the case with some insurance policies. Making a change is often just a matter of filling out a form.
Contingent vs. Primary Beneficiaries
Think of these beneficiaries as people standing in line. The primary person is at the head of the line. The contingent person is behind them and can only move forward if the primary beneficiary moves aside for some reason. A contingent beneficiary is thus “plan B.”
You can change beneficiaries as major life changes occur: Your choice of beneficiaries and any changes you make to them will override any and all terms you might leave in your will for the same assets. You might want to revisit your designations now and then to make sure they still fit your current stage of life. The need to update your estate plan often occurs after major life changes, such as a marriage, birth, divorce, or death in the family.
Cons Explained
Can be costly to settle: The larger your probate estate, the more costly it becomes to settle, which reduces the value of what you can leave to your probate heirs. It can be helpful to take beneficiary accounts out of your estate. Can become problematic if you don’t update beneficiaries: Your plan could fall apart if you fail to keep your beneficiaries up to date. They should know that they’re named as being either first or second in line. They should know the identifying details of what they’re named to receive. It’s often up to them to make claims for the assets in question when the time comes.
