You can have an immaculate Florida will or trust and still have your wishes undone by a single outdated form. Beneficiary designations on life insurance, IRAs, 401(k)s, annuities, and payable-on-death accounts pass outside of your will and outside probate, straight to whoever is named on the form. For many Palm Beach households, these accounts hold the bulk of the wealth, yet they are the most neglected corner of the plan. Here are the mistakes that bite.
Mistake 1: Assuming Your Will Controls Everything
It does not. A beneficiary designation beats your will every time. If your IRA names your ex-spouse from a marriage that ended in 2009, your ex inherits, even if your current will leaves everything to your spouse and children. Florida law revokes some designations to a former spouse upon divorce in certain cases, but the protection is not absolute and should never be relied on as a substitute for updating the form yourself.
Mistake 2: Leaving the Beneficiary Blank or Defaulting to “Estate”
When no valid beneficiary is named, the asset often defaults to your probate estate. That drags an account that could have transferred instantly through the Palm Beach County courthouse, exposes it to creditor claims, and for retirement accounts can accelerate income taxes. Always name a primary and at least one contingent beneficiary.
Mistake 3: Naming a Minor Child Directly
It feels natural to name your young children, but a minor cannot legally receive these funds. Without planning, a Palm Beach court may have to appoint a guardian of the property, an expensive, ongoing process, and the child receives everything outright at 18. Naming your revocable trust, or using a custodial arrangement, lets you control timing and management instead.
Mistake 4: Ignoring How This Interacts With Your Spouse’s Rights
Florida protects surviving spouses through the elective share (Section 732.2065 and following), which entitles a spouse to roughly 30% of the elective estate. Crucially, many non-probate assets, including certain beneficiary-designated accounts, are pulled into the elective estate calculation. Trying to disinherit a spouse by routing everything through beneficiary forms usually does not work and can spark litigation.
Mistake 5: Set It and Forget It
Marriages, divorces, births, deaths, and job changes all should trigger a review. A 401(k) rollover often resets the beneficiary to a default. We regularly meet Wellington and Jupiter clients whose forms have not been touched in fifteen years. Pull every statement and verify each one.
The Silver Lining
Florida imposes no state estate or inheritance tax, so the planning here is about getting the right asset to the right person efficiently, not dodging a state death tax. That makes a clean set of designations even more powerful: done right, these assets transfer quickly and privately, sidestepping probate entirely.
Talk to a Florida Attorney
Beneficiary designations are deceptively simple forms with outsized consequences, and they must be coordinated with your will, trust, and your spouse’s statutory rights under Florida law. Before you assume your plan is complete, have a licensed Florida estate planning attorney review every designation alongside your documents so nothing slips through the cracks.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
For more on our Florida practice, see our overview of Florida estate planning. Morgan Legal Group's affiliated New York office also handles .