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You are here: Home / Estate Planning / Importance of Beneficiary Designations in Estate Planning | Warren & Migliaccio
Importance of Beneficiary Designations in Estate Planning | Warren & Migliaccio

Importance of Beneficiary Designations in Estate Planning | Warren & Migliaccio

August 13, 2024
Written by Christopher Migliaccio | Last updated on August 13, 2024

Table of Contents

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  • The Importance of Keeping Beneficiary Designations Updated: A Lesson from the Rolison Estate Case
  • The Case of Jeffrey Rolison
    • The Critical Role of Beneficiary Designations in Estate Planning
  • Conclusion

The Importance of Keeping Beneficiary Designations Updated: A Lesson from the Rolison Estate Case

When it comes to estate planning, one of the most overlooked but critically important tasks is ensuring that your beneficiary designations are up to date. A recent case involving Procter & Gamble (P&G) and the estate of Jeffrey Rolison highlights just how crucial it is to review and update these designations regularly. This case serves as a stark reminder of the potential consequences of neglecting this seemingly simple task.

The Case of Jeffrey Rolison

Jeffrey Rolison, an employee at P&G, had named his then-girlfriend, Margaret Losinger, as the beneficiary of his investment plan in 1987. The couple broke up just two years later in 1989, but Rolison never updated his beneficiary designation. Despite entering into a long-term relationship with another woman, Mary Lou Murray, Rolison did not change the beneficiary of his investment plan to reflect his new relationship.

After Rolison’s death in 2015, a legal battle ensued over who should receive the funds from his investment plan. Rolison’s estate argued that P&G had failed in its fiduciary duty under the Employee Retirement Income Security Act (ERISA) by not adequately informing Rolison about his beneficiary designation. The estate claimed that the funds should be awarded to the estate instead of Losinger, who was no longer involved in Rolison’s life.

However, the court found that P&G had consistently informed Rolison of his beneficiary designation status and provided him with ample opportunities to make changes. Despite these notifications, Rolison took no action to update his beneficiary, leading the court to rule in favor of Losinger, awarding her the funds.

The Critical Role of Beneficiary Designations in Estate Planning

This case underscores the importance of keeping your beneficiary designations up to date. Beneficiary designations dictate who will receive certain assets upon your death, bypassing the probate process. These designations apply to a wide range of financial accounts and assets, including retirement accounts, life insurance policies, and investment plans.

Here are some key points to consider:

  • Review Regularly: It’s essential to review your beneficiary designations regularly, particularly after major life events such as marriage, divorce, the birth of a child, or the death of a loved one. These events may necessitate changes in your estate planning.
  • Update Immediately: If your personal circumstances change, update your beneficiary designations as soon as possible. This ensures that your assets will go to the intended recipients without any legal disputes.
  • Communicate Your Intentions: Make sure that your loved ones and legal advisors are aware of your intentions and the designations you have made. This can help avoid confusion and potential legal challenges after your passing.
  • Understand the Consequences: Failing to update beneficiary designations can result in assets being distributed in a manner that is contrary to your current wishes, as was the case with Jeffrey Rolison. In his case, the funds went to a former girlfriend rather than his estate or any other intended beneficiary.

Conclusion

The Rolison estate case is a powerful reminder of the importance of regularly reviewing and updating beneficiary designations as part of your estate planning process. Neglecting to do so can lead to unintended consequences, legal disputes, and a distribution of assets that may not align with your current wishes. By taking the time to ensure that your beneficiary designations are up to date, you can have peace of mind knowing that your assets will be distributed according to your wishes, providing for your loved ones as you intend.

In estate planning, the details matter—don’t overlook the importance of keeping your beneficiary designations current.

(source)

Categories: Estate Planning Tagged: Estate Planning Tag

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

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