Weinstein & Randisi
Toll free:800-768-1780

Resize the Content Text

One simple step to protect your loved ones

When you buy an insurance policy, open a bank account or set up a retirement account, you are required to designate a beneficiary. In some cases, you may be asked to choose a secondary beneficiary, but that is often not mandatory. As your life changes, you preference regarding who benefits from these accounts may also change. If you have not taken a look at these account for some time, now is an excellent time to review them.

In the field of estate planning, it is common to hear about situations where a decedent's wishes are clearly violated because of an oversight. Many of these stories revolve around outdated beneficiary designations. Estranged former spouses, distant relatives and virtual strangers end up getting money that should have gone to loving family or friends. These stories are sad, and so easily avoided.

Typical scenario

Perhaps the most common situation involves exes benefiting from funds that should have gone to children. If you have children from one marriage, but chose a spouse from another marriage who is no longer in the picture when you created an account, there will be no one to intervene in the interests of justice. Your designation is all that matters. Even if the evidence that you did not want your former spouse to get a dime is overwhelming, courts can, and likely will defer to your beneficiary designation. 

Even if your divorce agreement clearly states that a retirement fund or pension will not go to your divorcing spouse, the court will look to the designated beneficiary. The only way to ensure that the money goes where you want it to is to take the proper steps to name a new beneficiary.

Regular review

The best way to ensure that your estate plan is in order is to schedule an annual review. You can likely check all your designated beneficiaries online, but it is sometimes beneficial to review your will, trusts, and other plans with your attorney on a regular basis. You can make checking your designated beneficiaries part of the process.


No Comments

Leave a comment
Comment Information
  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
  • In order to finalize the documents we came to your office and were greeted in a very professional manner and we could not have asked for finer service. We left with copies of everything we needed and feel very confident our needs have been met. Thanks again. We will surely recommend you should the opportunity arise.

    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
  • Filing for Medicaid is never an easy or fun process. However, working with the Weinstein & Randisi firm made the process simple and streamlined. We were able to obtain all files and records regarding Medicaid enrollment within a few days using specially prepared checklists and verbiage recommended by our assigned paralegal.

    --Ajia and David Cherry, Fairport
Awarded Top 50 Estate Planning Blog
Email Us For a Response

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Blog Feed


Weinstein & Randisi - estate planning

290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
Rochester Law Office Map


Call us now for a free, 100% confidential consultation: