
The person who owns the life insurance policy can change the beneficiary at any time. This is usually the policyholder, but it can also be a trust or an organization.
Typically, the policyholder is the one who has the power to change the beneficiary. This is because they are the one who bought the policy and is responsible for its upkeep.
Expand your knowledge: Which One of the following Is a Capital Budgeting Decision
Understanding Life Insurance Policies
You can change the beneficiaries of your life insurance by contacting your insurance company, submitting a change of beneficiary form online, on paper, or over the phone.
A life insurance beneficiary is a person who receives the death benefit when you pass away, often a spouse, significant other, or dependents. You can designate multiple people or entities as beneficiaries and divide the death benefit based on their corresponding financial needs.
The policyholder is the only person allowed to make changes to your life insurance beneficiaries, unless you've granted someone power of attorney. This means that you have complete control over who receives the death benefit.
Additional reading: Life Insurance Policy after Death
To keep your policy up-to-date, consider updating beneficiaries with your insurance company, which helps ensure that all beneficiary designations are accurate and current. This is especially important if you've experienced a change in your personal life, such as a divorce or the passing of a spouse.
Here are some examples of non-individual beneficiary options:
- Your estate
- A charitable organization that is meaningful to you
- A legal entity, like your business or company
- A life insurance trust
Knowing the difference between a revocable and irrevocable beneficiary is crucial. An irrevocable beneficiary cannot be changed without their consent, while a revocable beneficiary can be altered by the policyholder.
If you live in a community property state or have named someone as an irrevocable beneficiary, you may need another person's permission to update a beneficiary.
Suggestion: Contesting a Life Insurance Beneficiary
Changing the Beneficiary
You can change the beneficiary on your life insurance policy at any time, as long as you're the policy owner. This means you have the right to update the named beneficiary or beneficiaries to anyone else, even if you're married.
To make a change, you'll need to submit a beneficiary change form to the insurance company, which can be done online, on paper, or over the phone. The form will ask for personal information about your new beneficiary, including their contact information, date of birth, and Social Security number.
If you live in a community property state, you may need your spouse's approval to name a beneficiary other than them. Similarly, if you have an irrevocable beneficiary, you'll need their sign-off to remove them from your policy.
Here are some key points to keep in mind:
- You can change a revocable beneficiary at any time while the policy is in force.
- You'll need to submit a beneficiary change form to the insurance company.
- Personal information about your new beneficiary will be required.
- You may need your spouse's approval if you live in a community property state.
- You may need an irrevocable beneficiary's sign-off to remove them from your policy.
What Is a Beneficiary
A beneficiary is the person or people who receive the life insurance payout when the policy owner passes away.
The policy owner has the right to change the named beneficiary or beneficiaries at any time.
Life insurance is a private contract between the policy owner and the life insurance company, so the policy owner has complete control over the beneficiary designation.
A policy owner can change the beneficiary from their spouse or children to anyone else if they want to.
However, such a change may or may not be effective according to state law.
Here's an interesting read: What Happens to Life Insurance Policy When Owner Dies
Why Updating Matters
Updating your life insurance beneficiaries is crucial, especially after a big life event. If you never change your beneficiary and they predecease you, your life insurance proceeds will go to a contingent beneficiary or your estate.
Birth or adoption of a child is a significant life event that warrants updating your beneficiaries. This ensures that your child receives the life insurance payout.
Death of a beneficiary is another reason to review and update your policy. If your beneficiary passes away, the payout will go to the next in line, but it's essential to make the necessary changes to avoid any confusion.
Marriage or divorce can also impact your beneficiaries. If you're married, you may want to update your policy to include your spouse or remove them as a beneficiary if you divorce.
Buying a home is a significant investment, and you'll want to ensure that your life insurance policy reflects this change. Updating your beneficiaries can help ensure that your loved ones are protected in case something happens to you.
Here are some significant life events that require updating your life insurance beneficiaries:
- Birth or adoption of a child
- Death of a beneficiary
- Marriage or divorce
- Buying a home
- New estate plan where trusts are being used
How to Change the Beneficiary
To change the beneficiary on your life insurance policy, you'll need to contact your insurance company and submit a change of beneficiary form. This can be done online, on paper, or over the phone.
You'll need to provide personal information about your beneficiary, such as their contact information, date of birth, full legal name, relationship to you, and social security number.
You can also choose how the death benefit is split among beneficiaries and whether someone is a primary or contingent beneficiary. Contingent beneficiaries accept the death benefit if none of the primary beneficiaries can.
You can change the beneficiaries at any time while the policy is in force, as long as you're the policy owner. If you've granted someone power of attorney, they may be able to make changes on your behalf.
Here are the steps to change the beneficiary:
- Contact your insurance company to request a change of beneficiary form.
- Fill out the form with your beneficiary's information.
- Submit the form to your insurance company.
Remember to review your policy regularly and update your beneficiaries after big life events, such as the birth or adoption of a child, death of a beneficiary, marriage or divorce, or buying a home.
Divorce and Designation in California
California is a community property state with complex divorce laws, which can make life insurance beneficiary designations particularly tricky. If premiums were paid from joint funds, an ex-spouse may be entitled to a payout or death benefits even if not named as beneficiary.
Divorce in California does not automatically revoke ex-spouses as beneficiaries, unlike some other states. This means that an ex-spouse may still receive benefits if they were paid from joint funds.
The rules for life insurance spouse beneficiary designations in California can be complex, depending on how premiums were paid, when the policy was purchased, and what type of policy it is. This can make it difficult to know what to expect.
ERISA, a federal law, can also play a role in determining who receives benefits in California. If the policy was obtained through employment, ERISA may dictate that the death benefit is paid to someone other than the spouse, despite community property laws.
A different take: Cheap Life Insurance for Couples
Types of Policies
There are several types of policies that can have beneficiaries changed, including term life, whole life, and universal life policies.
Term life policies can be changed by the policy owner, who can update the beneficiary information at any time.
Whole life policies can be changed by the policy owner, who can also update the beneficiary information at any time.
Universal life policies can be changed by the policy owner, who can update the beneficiary information at any time.
The policy owner can also change the beneficiary on a joint life policy, which is a type of policy that covers two lives.
The policy owner can change the beneficiary on a group life policy, which is a type of policy that is often offered through an employer.
For your interest: What Type of Life Insurance Policy Generates Immediate Cash Value
Special Cases
In cases of divorce, the beneficiary on a life insurance policy can be a point of contention. Sarah and Mark's situation is a prime example, where Mark was required to maintain a policy with a beneficiary designated for their children, but was unable to change it due to the policy's permanent beneficiary designation.
A court may be involved in disputes over beneficiary changes, as seen in Emma and David's case, where the judge ruled in favor of Emma, enforcing the original agreement.
Divorce and remarriage can create complex situations, but it's essential to understand the policy terms and any agreements made during the divorce settlement.
See what others are reading: B Owns a Whole Life Policy
Community Property States
In community property states, assets acquired during marriage are considered equally owned by each spouse. This includes life insurance policies, which can have significant implications for beneficiary designations.
If you live in a community property state and your life insurance policy took effect after you got married, you'll need your spouse's permission to name someone other than them as the beneficiary on your policy. This is the case in states like Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
In some community property states, like Arizona, specific regulations govern life insurance beneficiaries. Understanding these rules is crucial to avoid any potential issues. For example, changing the beneficiary listed on a life insurance policy after the policyholder's death might be subject to legal scrutiny and could involve probate procedures.
Recommended read: Annuities in the United States
Here are the community property states where your spouse's permission is required to change the beneficiary on your life insurance policy:
- Arizona
- California
- Idaho
- Louisiana
- Nevada
- New Mexico
- Texas
- Washington
- Wisconsin
It's essential to note that changing the beneficiary on a life insurance policy after the policyholder's death is generally not allowed unless previously arranged. This ensures that the policy benefits are distributed according to the policyholder's intentions and legal requirements.
You might like: S Is Covered by a Whole Life Policy
Erisa Supersedes California Law
ERISA takes precedence over California law in cases involving employment-obtained life insurance policies.
In California, ERISA may dictate that the death benefit is paid to someone other than the spouse despite community property laws.
The named beneficiary is always honored, regardless of the insured's marital status, if the policy was obtained through employment as a benefit.
This is not the case in California, where the ex-spouse may be automatically invalidated as life insurance beneficiary.
Beneficiary disputes are often expensive, so the named beneficiary and spouse may settle the matter outside of court with the help of their attorneys.
Power of Attorney
A power of attorney can be a complex and nuanced topic, but understanding its basics can provide clarity and peace of mind.
A power of attorney is a document that grants another person the authority to make decisions on your behalf, including financial and personal choices. This document can be specific to certain situations or general in scope.
If you've granted someone power of attorney, they can change the beneficiary on a life insurance policy, but only if the power of attorney document specifically allows for this.
Sources
- https://www.quickquote.com/can-you-change-your-life-insurance-beneficiary/
- https://boonswanglaw.com/life-insurance-claim/life-insurance-beneficiary-rules-california/
- https://www.freeadvice.com/legal/how-to-change-a-beneficiary-on-a-life-insurance-policy/
- https://www.trustage.com/learn/life-insurance/choose-change-life-insurance-beneficiary
- https://www.policygenius.com/life-insurance/can-you-change-your-life-insurance-beneficiary/
Featured Images: pexels.com