Article · Wills and Estates
The Form That Beats the Will: How Beneficiary Designations Actually Control
29 U.S.C. § 1144
- Type
- Article
- Jurisdiction
- National
- Date
- 2026-01-26
- Topic
- Wills and Estates
Most wealth in the United States now passes outside a will, through forms filled out years ago at a bank counter or an onboarding portal. This article explains how beneficiary designations, joint accounts, transfer-on-death deeds, and similar instruments actually control, why they defeat a will that says something different, and why federal law makes retirement accounts and government life insurance the hardest cases of all. It covers the recurring disasters — the ex-spouse still named, the minor child who becomes a court supervised account, the estate named as beneficiary, the form the plan never received — and what each costs. It explains the spousal rights that override designations, the divorce revocation statutes that sometimes apply and sometimes are preempted, and the tax and creditor consequences that follow the choice of instrument. Readers finish knowing exactly which forms to audit and in what order.
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