Unique Scenario help for NonQ Annuities being left to estate vs contingent beneficiaries

Hello! I would appreciate any feedback on this as I have a very unique case I am looking for some guidance on! I had a client pass away (Let’s say Jane Doe) in February (Feb 21 to be exact), she left her NonQ Annuities to her husband (primary bene) and named her 2 children as contingent beneficiaries. Before her husband made a claim, he died (March 31st). At first, I was under the impression that Jane Doe’s assets would then go to her listed contingent beneficiaries as the primary beneficiary did not make a claim for the funds. After submitting documents and what not, it turns out that since the primary beneficiary was alive when Jane Doe died, it would then go to his estate., as opposed to the 2 children listed as the contingent beneficiaries. Now the kicker to all of this is that her husband’s estate simply says to payout the 2 children equally. I am currently working with the carrier to see if they will pay the 2 children directly as opposed to the estate first and then the 2 children, as then the children could do NonQ Bene stretch annuities which would be more beneficial for them.  In this case, would it be possible to pay the 2 children directly (the listed contingents) if you can prove via the estate documents (and the executor signs off on it), that the estate would pay them directly anyway? Any info would help if anyone has gone through this before! Thank you!



Even if the insurance company would accept an assignment from the executor out of the estate to the estate beneficiaries such as is often done with an IRA left to an estate, that would not necessarily mean that the insurance company would additionally offer a stretch payout. If the plan were an IRA, assignment would not change the RMD options to those of a named beneficiary, and the payout would be under the same rules as if paid to the estate.

You would have to ask the insurance company the two questions, whether they will accept assignment and also if that will change the distribution option from that of an estate.

 

Thank you for this! If the estate were to disinherit the proceeds…would the proceeds then go to the contingent benes? Would that potentially solve the problem?

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