Elder Law & Estate Planning
Request Consultation

Make Sure Your Plan Beneficiary Choices Are Up to Date

Many people periodically update their wills or other estate plans, but don’t update who will receive distributions from their retirement plans (such as IRAs and 401(k)s) upon their deaths. Every year you should review your entire estate plan, and the review should include retirement plan “beneficiary designations” to make sure they aren’t outdated. The following are some tips for naming a retirement plan beneficiary:

Posted on January 28, 2020
An individual signing important documents, emphasizing the significance of updating beneficiary designations in estate planning and elder law.
  • It is important to name a beneficiary. Do not assume that your retirement plan will be distributed according to your will. If you don’t name a beneficiary, the distribution of benefits may be controlled by state or federal law or according to your particular retirement plan. Some plans automatically distribute money to a spouse or children. While others may leave it to the retirement plan holder’s estate, this could have negative tax consequences. The only way to control where the money goes is to name a beneficiary.
  • You may want to designate a trust as your beneficiary. If your estate is more than the current estate tax exclusion ($11.4 million for 2019) and a large portion of it consists of retirement plans, it may make sense to direct that the plans be payable to a trust rather than to the surviving spouse. The trust must be properly drafted to avoid tax consequences, so consult with your attorney before doing this. If you want your money to go into a trust for your children, be sure to designate the trust as the beneficiary. If you name your children, the money will go directly to them.
  • If you have major life changes, be sure to keep your retirement plan updated. If you get married or have children, you may want to change your beneficiary. Also, if your spouse was your beneficiary and you get divorced, your former spouse will still be the beneficiary — divorce does not automatically remove an ex-spouse as beneficiary. If you wish to remove a former spouse from the plan, you will have to fill out a new beneficiary designation form.
  • Even if you don’t have big changes, you should review your beneficiary designation periodically. Your beneficiary may not be who you remembered it to be or it may be outdated. For example, if you named a charity as beneficiary, you will want to make sure the charity still exists. A Change of Beneficiary form can often be downloaded from the Web site of the firm holding the plan assets.

More from our blog...

Cloth bag labeled "Inheritance" surrounded by scattered coins on a blue background

The Inheritance Expectation Gap Between Generations

November 7, 2025
Many older adults intend to pass on their hard-earned assets to their children. In fact, experts estimate that trillions of dollars will transfer from Baby…
A disaster preparedness supply kit with essentials for emergencies, highlighting the importance of having a plan in place for seniors and caregivers in estate planning and elder law contexts.

Seniors and Caregivers: Establish an Emergency Action Plan

November 6, 2025
For seniors and their caregivers, having a plan in place should an emergency strike can provide some peace of mind in a turbulent world. A…
Young hand gently resting on an elderly person’s hand holding a cane, symbolizing care and guardianship.

Overcoming Challenges in Guardianship Cases for Older Adults

November 3, 2025
When an older adult is no longer able to make personal, medical, or financial decisions due to dementia or another cognitive impairment, someone may need…
The words "Trust and Estate Planning" handwritten on a sheet of paper, emphasizing the critical role of trusts in estate planning for efficient asset management and legal arrangements.

Why Trusts are Important Estate Planning Tools

October 31, 2025
Estate planning involves creating a plan for where – and to whom – your assets will go upon your death. The process can include making…
Back To blog

FREE WEBINAR

5 Things to Know About

Estate Planning

When You Turn Sixty-Five

    Save the Date

    Friday, Nov 14th at 2:30pm

    Privacy Policy

    This Privacy Statement describes how Milvidskiy Law Group P.C. collects, uses, and discloses certain personal information obtained through our public web site at www.milvidlaw.com (the “Web Site”). This Privacy Statement does not address information collection through other sources such as in-person seminars, workshops, or in-person consultations and contacts.

    Personal Information Collection and Use

    In general, you can visit our Web Site without telling us who you are or revealing any information about yourself. There are times, however, when we ask for personally identifiable information from you, such as your name, company, e-mail address, phone number, and address (“Personal Information”). We request this information in order to correspond with you, to provide you with a subscription to a newsletter or publication, to notify you about events, or otherwise to respond to your requests or provide you with information that we consider may be of interest to you. Where applicable, we will differentiate between personal data fields that are optional and those that are mandatory to obtain the requested information.

    If you receive a marketing e-mail from Milvidskiy Law Group P.C., you will be provided with an automated way to opt out (unsubscribe) from that particular communication or from all marketing e-mails sent by our firm. Please follow the instructions on the e-mail you received. If you have received unwanted e-mail from our firm, please forward a copy of that e-mail to [email protected].

    Please note that if you reply to a Milvidskiy Law Group P.C. address in one of our marketing e-mails or otherwise send a communication to us, your communication will not create an attorney-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

    Data Sharing

    We may share Personal Information among our member attorneys for purposes of responding to your requests or otherwise as necessary for the purposes described above. We may also in limited circumstances share Personal Information with government authorities or others as required to protect the interests of the firm or others, as necessary in connection with the sale or transfer of all or a portion of the business, or as required by applicable law or court order.

    International Data Transfers

    This Web Site is hosted on a web server in the United States. If you are located in a non-US jurisdiction, your provision of Personal Information or other access to our Web Site constitutes your transfer of such data to the United States, a jurisdiction that may not provide a level of data protection equivalent to the laws in your home country.

    Security Measures

    Milvidskiy Law Group P.C. maintains appropriate technical and organizational security measures to protect the security of your Personal Information against the loss, misuse, unauthorized access, disclosure or alteration.

    Links to Other Web Sites

    The privacy practices set forth in this Privacy Statement are for our web site only. This web site may contain links to other sites. Milvidskiy Law Group P.C. is not responsible for the privacy practices or the content of such sites. If you link to or otherwise visit any other site, please review the privacy policies posted at that site.

    Cookies and Passive Tracking

    A “cookie” is an element of data that can be sent to your browser. Your browser may then store it on your system based on the preferences you have set on your browser. Cookies gather information about your operating system including, but not limited to, browser type, and Internet Protocol (IP) address. The Web Site uses this information to analyze the traffic on our web site, and better serve you when you return to our web site. It is not our intention to use such information to personally identify a user. You have the option to configure your Internet browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. Further, you have the option to block all cookies. Please note, however, that if you refuse or otherwise block cookies you may not be able to use all of the functionality available on the web site.

    Access and Correction

    If you wish to access or update the Personal Information you submit through our web site, or to make any inquiries about the processing of such information, please contact us as described below. We provide individuals with access to their Personal Information where we believe appropriate, including in situations where you are entitled to access and review your Personal Information under applicable data protection and privacy laws.

    Google ReCaptcha Spam Protection

    This site is protected by reCAPTCHA and the Google.
    Privacy Policy and
    Terms of Serice apply.

    Revisions to this Privacy Statement

    Milvidskiy Law Group P.C. reserves the right to change this Privacy Policy from time to time. Please check the Privacy Statement frequently and particularly before you submit additional personal information via the Web Site. All revisions to this Privacy Statement will be posted on the web site via a link from the homepage. We also display the effective date of the Privacy Statement on the top of this page.

    Close

    Disclaimer

    Attorney Advertising. The information presented on this website is for informational purposes only and should not be construed as a legal advice. Viewing of, responding to, or otherwise transmitting the information on this website is not intended to create, and receipt of the same does not constitute, an attorney-client relationship. The information provided on this website should not be relied upon without first seeking professional legal counsel. The information on this website is provided only as general information which may or may not reflect the most current developments of law. Prior results and cases discussed on this website do not imply and do not guarantee a similar outcome in any other case. The links to other websites contained herein do not constitute a referral or endorsement of any kind.
    Close
    Sign up for our newsletter to be updated on all the latest news in Elder Law and Estate Planning.

      If you have any questions and would like to schedule a consultation, please fill out the form and our Client Services Coordinator will reach out to you to help you schedule and prepare for your appointment.

        This site is protected by reCAPTCHA and the Google.
        Privacy Policy and Terms of Service apply.