06/26/2020
Here are two things you can do TODAY, without legal assistance, to help your family avoid unnecessary expense and hassle in the event of your death or incapacity:
1. Designate beneficiaries.
Most types of accounts allow you to name a beneficiary to receive the balance of the assets remaining in the account at the time of your death. Except in certain limited circumstances, these accounts bypass probate are paid directly to the beneficiary.
This includes banking accounts, investment accounts, life insurance policies, and retirement accounts. It may also include certain physical assets such as some safe deposit boxes, storage lockers, cemetery plots, etc. Name at least one primary and at least one contingent beneficiary for each account. If your beneficiary is a minor child, inquire as to naming a custodian or trustee of the asset.
If the option “per stirpes” appears on the form, this means the asset will descend in equal parts to the children of the person named, should that person predecease you. If you do not select this option, the asset will pass to the surviving beneficiaries named on the form. If there are no other surviving beneficiaries named, the asset will pass to the estate of the predeceased beneficiary or to your estate. Try to name sufficient beneficiaries to avoid this outcome.
Verify and update your beneficiary designations no less frequently than every three years, as well as anytime a beneficiary dies or becomes incapacitated, and anytime the account changes hands. Lost paperwork due to a bank transition can cost your family thousands of dollars in probate expenses.
2. Designate Authorized Contacts.
In the event that you are incapacitated due to an accident or medical event, a trusted person may need to be able to access your banking information, bills, and medical records in order to provide for your care. If you have not established a durable power of attorney and health care proxy, the legal process for accessing that information can be prohibitively expensive.
Ask your ongoing service providers and account holders about designating an authorized contact person or agent to access your information and communicate on your behalf in the event of your incapacity. Contact your banks, utility providers, medical providers, pharmacy, mortgage and loan companies, cell phone provider, investment agent, life insurance company, homeowners insurance agent, and other agents and account holders to find out whether these options are available to you.
For social security recipients, complete form SSA 4547-Advance Designation of Representative Payee - to elect someone to communicate with social security on your behalf and manage your benefits in the event of your incapacity.
Bonus: Start contributing to a prepaid funeral and burial or cremation plan. This will save your family heartache and stress at an already difficult time, and you are much less likely to overspend on your own arrangements.