Beneficiary Forms

Never name an irresponsible adult as beneficiary. The beneficiary will waste the funds in no time. Never name a disabled adult as beneficiary; receiving the money may result in a loss of public benefits such as SSI and Medicaid.

How do you manage these issues? If all beneficiaries are responsible adults under no disability you may name them as the designated beneficiaries, but naming an asset-protection trust as beneficiary is a better idea.

If a beneficiary is under age 18, disabled or irresponsible consider creating a trust in your Last Will and Testament. You may name the trustee who is legally responsible for managing and spending the funds in the trust for the benefit of the beneficiaries. The trust funds will be protected from the claims of the trustee's and beneficiaries' creditors. You may control the purposes for which and the age or ages at which the funds are distributed to your beneficiary. A well-drafted trust will preserve the beneficiary's eligibility for public assistance. Designating a trust created in your Last Will as beneficiary is not the same as naming your estate as beneficiary; therefore the asset-protection and income-tax benefits are preserved.

If you are married with children, ordinarily you should name your spouse as primary beneficiary and your testamentary trust as contingent beneficiary.

Â