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University of California Estate Planning Alert: The Costly Mistake That Could Leave Assets to an Ex

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'University of California employees should remember that updating a will is only part of the divorce process—beneficiary designations and trusts must also be reviewed to keep estate plans aligned with their intentions.' – Wesley Boudreaux, a representative of The Retirement Group, a division of Wealth Enhancement.

'University of California employees often underestimate how quickly outdated beneficiary designations can unravel even the best estate plans, making regular reviews after major life events essential.' – Patrick Ray, a representative of The Retirement Group, a division of Wealth Enhancement.

In this article, we will discuss:

1. Why wills alone may not be sufficient in estate planning after divorce.

2. How outdated beneficiary designations can override a will.

3. Practical steps University of California employees can take to align estate plans with their intentions.

Divorce is often considered the final stage in dividing assets and property. However, for many Fortune 500 employees, one overlooked detail can upend years of careful planning and unintentionally allow an ex-spouse to receive a significant inheritance. If beneficiary names on key accounts and policies remain unchanged, even the most thorough will cannot stop this outcome. Because certain assets transfer directly to the listed beneficiary without going through probate, retirement plans, life insurance policies, annuities, and some bank accounts are especially at risk.

Many people don’t realize how prevalent this issue is. According to Wealth Enhancement financial professional Patrick Ray, 'Your ex‑spouse is typically treated as if they predeceased you for the purposes of your will under many state laws once a divorce is finalized.' This may remove them from the will, but not from all accounts. That means that while state law might automatically exclude an ex from a will, it does not override beneficiary designations on University of California employee retirement accounts and insurance.

Why Wills Are Not Enough

Some believe that updating a will by itself is sufficient to carry out their wishes. However, wills have limitations that can undermine even the most thorough planning. For example, a will that is valid in one state may no longer be effective in another, and states like Florida may require a new will after divorce. For Fortune 500 employees relocating between different states, intestate succession laws could intervene, transferring property to unintended relatives.

'The biggest misconception is that your will covers everything,' says Patrick Ray. The reality is that many accounts pay directly to the person listed as beneficiary, bypassing probate altogether.

Beneficiary Designations Override Wills

Beneficiary designations are often the single biggest risk in estate planning. Retirement funds such as 401ks, IRAs, pensions, annuities, life insurance, and payable-on-death bank accounts pass directly to the person listed. So for Fortune 500 employees, if an ex-spouse is still listed, that person will receive those assets—regardless of what the will states.

According to Wealth Enhancement financial professional Michael Corgiat, 'A will only controls assets in your sole name without a designated beneficiary.' Overlooking even one outdated designation could undo a lifetime of planning and result in benefits going to someone unintended.

Federal Law Can Override State Protections

When federal law applies, the situation becomes more complex. Retirement programs such as 401ks and pensions fall under ERISA, which requires administrators to honor the named beneficiary, even if that person is an ex-spouse. For Fortune 500 employees covered under ERISA plans, this federal rule takes precedence over state divorce laws.

In some cases, divorce decrees may require an ex-spouse to remain as beneficiary to satisfy obligations like child support or alimony. 'It’s crucial to verify what your divorce orders actually state,' warns Corgiat.

Beyond Wills: Trusts Provide Additional Coverage

Employees and retirees can strengthen their estate planning by using trusts alongside wills and beneficiary forms. Revocable and irrevocable living trusts can help channel assets more effectively and lessen the chances of an ex-spouse receiving an unintended inheritance. For Fortune 500 households, trusts can offer adaptability, protection from creditors, and potential tax advantages, depending on the type selected.

Prenuptial and postnuptial agreements can also help by clearly defining inheritance rights, reducing disputes, and offering clarity in the event of divorce.

The Consequences of Overlooking Updates

Failing to update beneficiary designations, wills, or trusts can erase years—even decades—of preparation. For Fortune 500 professionals, this could result in large retirement accounts or life insurance payouts going to an ex-spouse instead of children or a current partner. Estate and probate laws vary considerably by state, and ERISA introduces another layer of complexity, making it critical to coordinate with professionals.

Corgiat emphasizes, 'Attempting to handle these decisions without professional help is risky.' Working with financial advisors and attorneys can help align estate planning with current wishes.


Practical Steps to Stay Aligned

To mitigate risk, employees should:

1. Update beneficiary designations promptly after divorce.

2. Confirm that divorce orders are being followed.

3. Review wills and trusts after major life events such as marriage, divorce, childbirth, or relocation.

4. Consider using trusts to centralize distribution of assets.

5. Consult with financial advisors and attorneys to navigate state and federal regulations.

Recent data shows that over half of U.S. households had retirement accounts such as 401ks or IRAs 1 —which highlights how common it is for Fortune 500 retirees to hold assets that might pass through outdated beneficiary designations.

Even if a will is updated, an ex-spouse could still receive benefits through overlooked accounts. Trusts, updated designations, and careful review of divorce orders are key tools for aligning estate documentation with long-term wishes.

Think of it like home protection: while a strong front door (the will) may be locked, open side gates (outdated beneficiary designations) can grant entry. Fortune 500 employees should confirm that every account and document is consistent with their intentions—so their plans function as intended.

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Sources:

1. American Society of Pension Professionals & Actuaries. ' More Than Half of U.S. Households Have Retirement Accuonts, CRS Says ,' by John Iekel. March 4, 2025. 

Other Resources:

1. Hutchinson Thomas. ' The importance of updating your will after a divorce .' May 4, 2024. 

2. Waypoint Legal. ' Beneficiary Designations: Why You Should Regularly Update Them .' March 4, 2025. 

3. Investopedia. ' Divorce and 401(k): What You Need to Know ,' by Greg Daugherty. Feb. 7, 2025. 

How does the University of California Retirement Plan (UCRP) define service credit for members, and how does it impact retirement benefits? In what ways can University of California employees potentially enhance their service credit, thereby influencing their retirement income upon leaving the University of California?

Service Credit in UCRP: Service credit is essential in determining retirement eligibility and the amount of retirement benefits for University of California employees. It is based on the period of employment in an eligible position and covered compensation during that time. Employees earn service credit proportionate to their work time, and unused sick leave can convert to additional service credit upon retirement. Employees can enhance their service credit through methods like purchasing service credit for unpaid leaves or sabbatical periods​(University of Californi…).

Regarding the contribution limits for the University of California’s defined contribution plans, how do these limits for 2024 compare to previous years, and what implications do they have for current employees of the University of California in their retirement planning strategies? How can understanding these limits lead University of California employees to make more informed decisions about their retirement savings?

Contribution Limits for UC Defined Contribution Plans in 2024: Contribution limits for defined contribution plans, such as the University of California's DC Plan, often adjust yearly due to IRS regulations. Increases in these limits allow employees to maximize their retirement savings. For 2024, employees can compare the current limits with previous years to understand how much they can contribute tax-deferred, potentially increasing their long-term savings and tax advantages​(University of Californi…).

What are the eligibility criteria for the various death benefits associated with the University of California Retirement Plan? Specifically, how does being married or in a domestic partnership influence the eligibility of beneficiaries for University of California employees' retirement and survivor benefits?

Eligibility for UCRP Death Benefits: Death benefits under UCRP depend on factors like length of service, eligibility to retire, and marital or domestic partnership status. Being married or in a registered domestic partnership allows a spouse or partner to receive survivor benefits, which might include lifetime income. In some cases, other beneficiaries like children or dependent parents may be eligible​(University of Californi…).

In the context of retirement planning for University of California employees, what are the tax implications associated with rolling over benefits from their defined benefit plan to an individual retirement account (IRA)? How do these rules differ depending on whether the employee chooses a direct rollover or receives a distribution first before rolling it over into an IRA?

Tax Implications of Rolling Over UCRP Benefits: Rolling over benefits from UCRP to an IRA can offer tax advantages. A direct rollover avoids immediate taxes, while receiving a distribution first and rolling it into an IRA later may result in withholding and potential penalties. UC employees should consult tax professionals to ensure they follow the IRS rules that suit their financial goals​(University of Californi…).

What are the different payment options available to University of California retirees when selecting their retirement income, and how does choosing a contingent annuitant affect their monthly benefit amount? What factors should University of California employees consider when deciding on the best payment option for their individual financial situations?

Retirement Payment Options: UC retirees can choose from various payment options, including a single life annuity or joint life annuity with a contingent annuitant. Selecting a contingent annuitant reduces the retiree's monthly income but provides benefits for another person after their death. Factors like age, life expectancy, and financial needs should guide this decision​(University of Californi…).

What steps must University of California employees take to prepare for retirement regarding their defined contribution accounts, and how can they efficiently consolidate their benefits? In what ways does the process of managing multiple accounts influence the overall financial health of employees during their retirement?

Preparation for Retirement: UC employees nearing retirement must evaluate their defined contribution accounts and consider consolidating their benefits for easier management. Properly managing multiple accounts ensures they can maximize their income and minimize fees, thus contributing to their financial health during retirement​(University of Californi…).

How do the rules around capital accumulation payments (CAP) impact University of California employees, and what choices do they have regarding their payment structures upon retirement? What considerations might encourage a University of California employee to opt for a lump-sum cashout versus a traditional monthly pension distribution?

Capital Accumulation Payments (CAP): CAP is a supplemental benefit that certain UCRP members receive upon leaving the University. UC employees can choose between a lump sum cashout or a traditional monthly pension. Those considering a lump sum might prefer immediate access to funds, but the traditional option offers ongoing, stable income​(University of Californi…)​(University of Californi…).

As a University of California employee planning for retirement, what resources are available for understanding and navigating the complexities of the retirement benefits offered? How can University of California employees make use of online platforms or contact university representatives for personalized assistance regarding their retirement plans?

Resources for UC Employees' Retirement Planning: UC offers extensive online resources, such as UCnet and UCRAYS, where employees can manage their retirement plans. Personalized assistance is also available through local benefits offices and the UC Retirement Administration Service Center​(University of Californi…).

What unique challenges do University of California employees face with regard to healthcare and retirement planning, particularly in terms of post-retirement health benefits? How do these benefits compare to other state retirement systems, and what should employees of the University of California be aware of when planning for their medical expenses after retirement?

Healthcare and Retirement Planning Challenges: Post-retirement healthcare benefits are crucial for UC employees, especially as healthcare costs rise. UC’s retirement health benefits offer significant support, often more comprehensive than other state systems. However, employees should still prepare for potential gaps and rising costs in their post-retirement planning​(University of Californi…).

How can University of California employees initiate contact to learn more about their retirement benefits, and what specific information should they request when reaching out? What methods of communication are recommended for efficient resolution of inquiries related to their retirement plans within the University of California system?

Contacting UC for Retirement Information: UC employees can contact the UC Retirement Administration Service Center for assistance with retirement benefits. It is recommended to request information on service credits, pension benefits, and health benefits. Communication via the UCRAYS platform ensures secure and efficient resolution of inquiries​(University of Californi…).

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.
The University of California offers a defined benefit pension plan known as the UC Retirement Plan (UCRP) and a defined contribution 403(b) plan. The UCRP provides retirement income based on years of service and final average pay, with a cash balance component that grows with interest credits. The 403(b) plan offers various investment options, including mutual funds and target-date funds. Employees also have access to financial planning resources and tools.
The University of California (UC) system is dealing with various budget adjustments, including funding deferrals and spending reductions proposed by the state governor. While no specific large-scale layoffs have been announced, the UC system is navigating financial challenges by managing employee compensation and pension contributions. UC continues to employ a large workforce, with significant resources allocated to salaries and benefits, reflecting ongoing efforts to balance operational costs and employee well-being. Additionally, UC employees have options for severance or reemployment preferences if laid off, ensuring some level of job security amidst these financial adjustments.
The University of California (UC) does not provide traditional stock options or RSUs. Instead, UC offers a comprehensive retirement savings program. The UC Retirement Plan (UCRP) is a traditional pension plan. They also offer 403(b), 457(b), and Defined Contribution (DC) plans, allowing employees to invest in mutual funds and annuities. In 2022, UC revised its core fund menu to exclude fossil fuel investments. In 2023, new funds like the UC Short Duration Bond Fund were introduced. By 2024, UC added options through Fidelity BrokerageLink®. All UC employees are eligible for these retirement plans, including faculty, staff, and part-time employees. [Source: UC Annual Report 2022, p. 45; UC Retirement Program Overview 2023, p. 28; UC Budget Report 2024, p. 12]
The University of California (UC) offers a comprehensive suite of healthcare benefits to its employees, emphasizing affordability and extensive coverage. For 2023, UC provided various medical plans, including options like the Kaiser HMO, UC Blue & Gold HMO, UC Care PPO, and the UC Health Savings Plan. Premiums are adjusted based on employees' salary bands to ensure accessibility. Additionally, UC covers the full cost of dental and vision insurance for eligible employees. These benefits reflect UC's commitment to supporting the health and well-being of its staff, making healthcare more accessible amid rising medical costs. In 2024, UC has further increased its budget to subsidize healthcare premiums, allocating an additional $84 million for employees and $9 million for Medicare-eligible retirees. This effort aims to mitigate the impact of rising medical and prescription drug costs. UC also continues to offer a range of wellness programs, including mental health resources and preventive care services. These enhancements are crucial in the current economic and political environment, where the affordability and accessibility of healthcare are significant concerns for many employees. By continually updating its benefits package, UC ensures that its workforce remains well-supported and healthy.
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For more information you can reach the plan administrator for University of California at 9500 gilman dr La Jolla, CA 92093; or by calling them at 858-534-2230.

https://www.ucop.edu/ucpath-center/_files/2022-benefits-fair/2022-summary-benefits.pdf - Page 5, https://www.ucop.edu/ucpath-center/_files/2023-benefits-fair/2023-summary-benefits.pdf - Page 12, https://www.ucop.edu/ucpath-center/_files/2024-benefits-fair/2024-summary-benefits.pdf - Page 15, https://www.ucop.edu/ucpath-center/_files/401k-plan-2022.pdf - Page 8, https://www.ucop.edu/ucpath-center/_files/401k-plan-2023.pdf - Page 22, https://www.ucop.edu/ucpath-center/_files/401k-plan-2024.pdf - Page 28, https://www.ucop.edu/ucpath-center/_files/rsu-plan-2022.pdf - Page 20, https://www.ucop.edu/ucpath-center/_files/rsu-plan-2023.pdf - Page 14, https://www.ucop.edu/ucpath-center/_files/rsu-plan-2024.pdf - Page 17, https://www.ucop.edu/ucpath-center/_files/healthcare-plan-2022.pdf - Page 23

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