Do you know what will happen to your money if you pass away?
That’s what we’re diving into in this post—and believe me, the answer is more complicated (and dangerous) than most people realize.
At Atlas Financial Strategies, we focus on safe money retirement planning, and a critical part of that is making sure your financial accounts are protected—not just during your lifetime, but afterward too.
Let’s walk through how annuities can protect your family, help you avoid probate, and ensure your assets go to the right people.
What Most People Miss About Beneficiaries
Most people assume that if they’ve written a will, their wishes will be honored. Unfortunately, that’s not how it works when it comes to many financial accounts.
Here’s the bottom line:
Your beneficiary form trumps your will. Every time.
If you name someone in a will, but a different person is listed on your account’s beneficiary form, the money goes to whoever is on that form—no matter what your will says.
Common Accounts That Require Beneficiaries:
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- IRAs and Roth IRAs
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- 401(k), 403(b), and 457 plans
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- Life insurance policies
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- Bank and brokerage accounts
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- Annuities
- Annuities
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- Defined benefit pension plans
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- Property deeds and car titles (with TOD: Transfer on Death)
The catch? Most people can’t remember who they named—and that’s a serious risk.
Why Annuities Have a Built-In Advantage
When you set up an annuity, naming a beneficiary isn’t optional—it’s required.
“If you have annuities or you’re a client of mine, we did name a beneficiary. There is no doubt about it. We had to.”
This built-in feature makes annuities a powerful tool for retirement and estate planning.
Benefits of Annuities in Beneficiary Planning:
Feature | How It Helps |
Mandatory Beneficiary Naming | Reduces the risk of forgotten or missing designations |
Bypasses Probate | Assets go directly to your beneficiary without court involvement |
Overrides Will | Clear instructions ensure your wishes are followed |
Simple to Update | Changes can be made quickly through your annuity provider |
If you’re a client and can’t remember who you listed, log into your client portal or contact me—we can get that sorted quickly.
What to Do if You Haven’t Reviewed Your Accounts
Even if your annuity is set up correctly, many of your other accounts may not be.
Beneficiary Review Checklist:
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- List all your accounts (IRAs, 401(k)s, brokerage, bank, etc.)
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- Contact each provider and ask:
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- Do you have a beneficiary listed?
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- Can you send me a copy?
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- Contact each provider and ask:
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- Store copies in a safe, accessible place. Label it “Just in Case.”
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- Review property titles and make sure TOD (Transfer on Death) designations are in place.
What Happens When You Get It Wrong: 3 Court Cases
Here are three real court cases where people made costly beneficiary mistakes.
Case #1: Herring v. Campbell (2012)
What happened: A man listed his wife as the sole beneficiary on his retirement plan. When she passed, he didn’t update it. His stepchildren were disinherited, and his siblings got the money—despite what his will said.
Case #2: Kinder Morgan v. Crout (2020)
What happened: A man died without naming a beneficiary. His children tried to block his wife from receiving the funds by disputing the marriage. The court ruled against them—because he never listed anyone.
Case #3: Morris v. Commissioner (2015)
What happened: A son inherited an IRA, shared the money with his siblings, and misunderstood the tax rules. He got stuck with the entire tax bill—while his siblings paid nothing.
Bottom line: These situations could have been prevented with properly updated beneficiary forms.
How Annuities Can Prevent These Beneficiary Mistakes
Here’s what annuities force you to do—and why that’s a good thing:
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- You must name a beneficiary when the annuity is issued.
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- You can name multiple beneficiaries and specify percentages.
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- You can add contingent beneficiaries as a backup.
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- They bypass probate, saving time, money, and legal headaches.
When set up properly, annuities eliminate many of the risks we saw in the court cases above.
Take Action: Get Your Beneficiaries in Order
If you’re reading this and realizing you haven’t looked at your forms in years—don’t worry. Just start now.
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- Review your annuities—you’ve already named someone, but double-check.
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- Go through every other account and request updated copies.
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- Make any necessary changes.
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- Keep everything organized and labeled for your family.
If you’d like help reviewing your beneficiaries or exploring how annuities fit into your retirement plan, schedule an appointment and we’ll go over your situation together.Wishing you clarity, peace of mind, and smart planning,
– Marty Becker
Podcast Episode 82: How Annuities Help Prevent Catastrophic Beneficiary Mistakes
Download Episode 82: How Annuities Help Prevent Catastrophic Beneficiary Mistakes on Apple Podcast