Life and Death Planning for Retirement Benefits

484

the spouse to make the ultimate decision whether to (1) keep the benefits and roll them over to an

IRA or (2) disclaim some or all of the benefits and allow them to flow to the credit shelter trust.

See

If using this form with a nonIRA plan, make sure the plan honors disclaimers; see

“Bombs Hidden in Plan Documents,” p.

II. Designation of Beneficiary

A. Primary Beneficiary

I hereby designate as my Primary Beneficiary my spouse, [SPOUSE NAME], if my

spouse survives me.

B. Contingent Beneficiary in Case of Disclaimer

If my spouse survives me, but disclaims the Death Benefit (or part of it), I hereby

designate as my Contingent Beneficiary, to receive the part (or all) of the Death Benefit so

disclaimed, [TRUSTEE NAME], as Trustee of the [TRUST NAME] Trust, under agreement

dated [TRUST DATE] [optional:, a copy of which is attached hereto].

C. Contingent Beneficiary in Case of Death

If my spouse does not survive me, I hereby designate as my Contingent Beneficiary my

children surviving me, in equal shares; provided, that if any child of mine does not survive me,

but leaves issue surviving me, such issue shall take the share such deceased child would have

taken if living, by right of representation. My children are: [INSERT NAMES AND

CONTACT INFORMATION].

3.2 Spouse is Primary Beneficiary; Children are Contingent

II. Designation of Beneficiary

Primary Beneficiary

I hereby designate as my Primary Beneficiary, to receive 100% of the Death Benefit, my

spouse, [SPOUSE NAME], if my spouse survives me.

Contingent Beneficiary

If my spouse does not survive me, I hereby designate as my Contingent Beneficiary, to

receive 100% of the Death Benefit, my children surviving me, in equal shares; provided, that

if any child of mine does not survive me, but leaves issue surviving me, such issue shall take

the share such deceased child would have taken if living, by right of representation. My

children are [INSERT NAMES AND CONTACT INFORMATION].

3.3 Designating Children (Or Their Issue) as Beneficiaries

II. Designation of Beneficiary

I hereby designate as my Primary Beneficiary, to receive 100% of the Death Benefit,

my children surviving me, in equal shares; provided, that if any child of mine does not survive

me, but leaves issue surviving me, such issue shall take the share such deceased child would