When an investor opens a qualified account – a new 401(k) account, new IRA, new life insurance policy, etc. – an important part of that process is to designate a beneficiary. In most cases, the account owner is required to provide a primary beneficiary and is able to provide a contingent beneficiary as well. Unfortunately, this may be the last time the account owner thinks about the beneficiary (or beneficiaries) that have been designated, and this can lead to disastrous consequences.

“What problem could possibly arise?” you may ask. Consider Bob. Like many people today, as Bob honed his skills over his career, he pursued newer and better opportunities, resulting in Bob changing employers about every five years. As happens often, Bob was so busy changing jobs that, in each case, he left his 401(k) account back with his former employer.

Each of his “orphaned” 401(k) accounts were all but forgotten over time as he figured he would just “clean this up” later when he approached retirement. Along the way, Bob got divorced and never went back to update his beneficiary designations despite remarrying. Unfortunately, there was a terrible accident that claimed Bob’s life. When presented with the death certificate, the custodians of each of his “orphaned” 401(k) accounts dutifully made the payout to the designated beneficiary, who was his ex-spouse.

What can then ensue is a legal battle between the ex-spouse and others like a subsequent spouse who believe they should be entitled to those assets. Not pretty.

Another common scenario involves the death of a spouse. For example, Susan’s husband Todd dies of cancer, leaving Susan and their two children as survivors. Susan continues to work and several years later marries Henry, and they have a child together. Susan had an IRA rollover from a job change prior to Todd’s death and never updated her beneficiary. Susan predeceases Henry. Who does her IRA distribute out to? Her surviving spouse, Henry? Todd’s and her two children?

Are you sensing how messy this can become?

When there is not a clear surviving beneficiary, the distribution typically is based on the Custodian’s Order Rules. This is spelled out in the Customer Account Agreement and can vary by custodian. It may not mirror the wishes of the deceased account owner. Seemingly benevolent parties who felt they were rightful beneficiaries can soon find themselves mired in legal proceedings that seldom result in a “winner.” That’s why we say, “Beware the bad beneficiary.”

We can’t encourage you strongly enough to periodically confirm that your designated primary and contingent beneficiaries are consistent with your wishes. If you are not sure how to do this task, call your financial advisor for assistance, or you can call our team and we’ll be happy to help.