Skip to content
  • 24/7 Call Answering (602) 932-3187
Book A Call
  • 24/7 Call Answering

(602) 932-3187

estate planning law firm
  • Home
  • Start Here
    • Becoming a Client
    • Our Story
    • Our Approach & Values
    • Meet the Team
  • Practice Areas
    • Estate Planning, Wills, and Trusts
      • Estate Planning
      • Trusts
      • Wills
      • Power of Attorney
      • Deeds & Real Estate Transfers
    • Specialized Planning
      • Minor Children
      • Special Needs Trusts
      • Asset Protection Planning
      • Irrevocable Trusts
    • Elder Care
      • Long term Care
      • Medicaid (ALTCS)
      • Guardianship
    • Probate
      • Do I Need Probate?
      • Avoiding Probate
      • Trust Administration
    • Business Planning
      • Business Formations
      • Business Succession Planning
      • Operating Agreements
      • Employment Agreements
  • Testimonials
  • Resources
    • Estate Planning Blog
      • Estate Planning
      • Elder Law
      • Probate
      • Business Succession
      • Guardianship
    • Videos & Recordings
    • Seminars & Webinars
    • Free Estate Planning Masterclass
    • Educational Library
    • Estate Planning Resources For Professional Advisors
    • FAQs
    • Media Room
  • Contact Us
    • Schedule Strategy Session
    • Office Locations
  • Home
  • Start Here
    • Becoming a Client
    • Our Story
    • Our Approach & Values
    • Meet the Team
  • Practice Areas
    • Estate Planning, Wills, and Trusts
      • Estate Planning
      • Trusts
      • Wills
      • Power of Attorney
      • Deeds & Real Estate Transfers
    • Specialized Planning
      • Minor Children
      • Special Needs Trusts
      • Asset Protection Planning
      • Irrevocable Trusts
    • Elder Care
      • Long term Care
      • Medicaid (ALTCS)
      • Guardianship
    • Probate
      • Do I Need Probate?
      • Avoiding Probate
      • Trust Administration
    • Business Planning
      • Business Formations
      • Business Succession Planning
      • Operating Agreements
      • Employment Agreements
  • Testimonials
  • Resources
    • Estate Planning Blog
      • Estate Planning
      • Elder Law
      • Probate
      • Business Succession
      • Guardianship
    • Videos & Recordings
    • Seminars & Webinars
    • Free Estate Planning Masterclass
    • Educational Library
    • Estate Planning Resources For Professional Advisors
    • FAQs
    • Media Room
  • Contact Us
    • Schedule Strategy Session
    • Office Locations

Beneficiary Designations Need to Be Updated

Serving Clients in the Gilbert, Arizona Area

Beneficiary Designations Need to Be Updated
  • January 30, 2024
  • Asset Protection, Estate Planning, Probate, Trust Administration, Wills & Trusts
Gilbert Arizona estate planning attorney

BY: Jake Carlson

Jake Carlson is an estate planning attorney, recognized business leader, inspiring presenter, and popular podcast host. He is personable and connects immediately with others. A natural storyteller, he loves listening to your story and exploring what matters most to you.

Get To Know Jake
Please Share!
Facebook
Twitter
LinkedIn
Email
A recent New Jersey Appellate Division decision should remind you to keep track of the designations of all non-probate assets to ensure that they pass in accordance with your testamentary intentions.
  • Scroll Down to Read Article

This case illustrates why updating beneficiary designation is essential, and while it takes place in New Jersey, it applies to any person in any state. The National Law Review article, “Estate of Michael Jones: A Reminder to Keep Designations of Non-Probate Assets Consistent with Your Testamentary Intentions,” presents a strong case for annual updates.

Michael D. Jones and his spouse were separated for several years and eventually divorced. Their divorce agreement called for Mr. Jones to pay his former spouse $200,000 in installments of $50,000 per year. If he died before his former spouse, his estate was to compensate her for the remainder of the balance.

When Mr. Jones died, he had only paid her $110,000. She filed a creditor’s claim against the estate, seeking the remaining balance. The estate opposed her claim, saying she had already received more than $77,000 through the decedent’s federal bonds, designating the spouse as the POD (payable on death) beneficiary.

The case went to court, where the trial court found the POD designation was presumptively revoked based on a law providing that a divorce automatically revokes a disposition of property to a former spouse in a governing instrument.

She appealed the decision and won.

The appellate court said the bond was subject to federal regulation, which had specific procedures for revising the beneficiary of a federal bond. Case law from around the country supported this decision, noting federal regulations preempt state laws that conflict with them.

The appellate court found in her favor, and the bond proceeds belonged to the former spouse and passed outside of the estate. They were not considered part of the payout required under the divorce settlement agreement. They belonged to her.

This decision should be a wake-up call to anyone with assets they expect to pass outside of their estate, including federal bonds, insurance policies, IRAs, 401(k)s, pensions, bank accounts with beneficiaries, or any account with a payable on death designation.

An annual review of beneficiary designations should occur while you and your estate planning attorney review your estate plan. It’s a simple task. However, it can significantly affect how your assets will be distributed if overlooked.

To learn more about estate planning in the East Valley, Gilbert, Mesa and Queen Creek, schedule your free consultation with Attorney Jake Carlson by using one of the links above.

Reference: The National Law Review (Dec. 7, 2023) “Estate of Michael Jones: A Reminder to Keep Designations of Non-Probate Assets Consistent with Your Testamentary Intentions”

PrevPreviousEnd of Life Documents: What You Need to Know
NextCan You Completely Avoid Probate?Next
Subscribe!

Recent Posts
  • What You Need to Know about Social Security Survivor Benefits
  • What Happens when There’s No Plan for Death
  • Estate Planning Considerations For Blended Families
  • Estate Planning Documents Every Family Needs
  • 5 Signs To Call An Estate Planning Lawyer
Categories
  • Advanced Directives
  • ALTCs
  • Alzheimer's Disease
  • Asset Protection
  • Business Formations
  • Business Succession
  • Charitable Planning
  • Dementia
  • Elder Law
  • Estate Administration
  • Estate Planning
  • Estate Tax
  • Guardianship
  • Life Insurance
  • Medicaid
  • Medicare
  • News
  • Power of Attorney
  • Probate
  • Retirement
  • Social Security
  • Special Needs
  • Trust Administration
  • Uncategorized
  • Wills & Trusts

Contact Us

All fields marked with an “ * ” are required

Practice Areas

Conservatorship Lawyer Mesa, AZ
End-Of-Life Planning Lawyer Mesa, AZ
Estate Planning Lawyer Mesa, AZ
Guardianship Lawyer Mesa, AZ

Wills And Trusts Lawyer Mesa, AZ
Living Will Lawyer Mesa, AZ
Business Formation Lawyer Mesa, AZ

Estate Administration Lawyer Mesa, AZ
Asset Protection Lawyer Mesa, AZ
Living Trust Lawyer Mesa, AZ

estate planning law firm
Facebook-f Twitter Linkedin-in Youtube Instagram Rss

Our Mesa Office

2500 S Power Road
Bldg 14
Suite 132
Mesa, AZ 85209

New Clients: (602) 932-3187

Existing Clients: (480) 400-0111

Our Gilbert Office

1425 S. Higley Road #106
Gilbert, AZ 85296

Copyright © 2025 – LifePlan Legal AZ. All rights reserved. Some artwork provided under license agreement. Privacy Policy | Disclaimer | Sitemap