
How to designate beneficiaries at Berkshire Hathaway Life
Beneficiaries are managed by phone or by mail
Beneficiary designations are the foundation of estate planning for Berkshire Hathaway Life policies. Unlike bank accounts, insurance products cannot be retitled into a trust. Instead, the beneficiary designation itself determines who receives the proceeds and how quickly they're paid. Naming a trust as beneficiary is an option when more control over distributions is needed.
Berkshire Hathaway Life offers 5 policies, each with its own transfer rules. The sections below cover how to set up beneficiaries, fund a trust, and which products support each approach.
Beneficiary form at Berkshire Hathaway Life
Beneficiary Designation or Change Request (form SS-394k, 11/2023) (for annuitys) and E-Sign Authorization (SS-509).
Open the form →- Download it from the BH Structures Documents & Forms page
- Or request it at (402) 916-3100 or annuities@bhstructures.com
- Full name and percentage share, relationship to the payee, Social Security number, date of birth, mailing address, email, and phone number
- Primary beneficiary percentages must total 100%, and contingent beneficiary percentages must separately total 100%
- Copy the form and attach an extra page if you have more beneficiaries than fit
- It will reject any designation that would leave a payee receiving less than $100 per payment, regardless of contract language
- If the contract provides for a $1,000-per-payment beneficiary designation, it may reject a designation below $1,000 per payment, by written notice
- Per stirpes designations are not acceptable
- Payments are never issued to minors
- Full legal name of the trust and the date it was established
- Trustee name, and the relationship line completed as trustee
- Trust TIN/EIN in place of a Social Security number
- Mail: 1314 Douglas Street, Suite 1400, Omaha, NE 68102-1944
- Secured fax: 866-262-9342
- Email: annuities@bhstructures.com. Massachusetts residents must use the encrypted email system (request it) or the secure fax
Required Documents
- Beneficiary Designation or Change Request (SS-394k), completed
- Contract/File No. and the payee name
- Each beneficiary's full name, percentage share and relationship to the payee
- Each beneficiary's Social Security number
- Each beneficiary's date of birth
- Each beneficiary's mailing address, email and phone number
- Full legal name of the trust and the date it was established (when naming a trust)
- Trustee name (when naming a trust). The relationship line is completed as trustee
- Trust TIN/EIN (when naming a trust). Given in place of a Social Security number
- Copy of the trust agreement (when naming a trust). BHLN requires the agreement itself, not a certification of trust. Payments will not be issued to a trust without it in BHLN's records
- The settlement agreement (for a structured settlement contract). To confirm the right to designate a beneficiary
- Notarized signature (if the payee's verified signature is not already on file)
What Berkshire Hathaway Life says about beneficiaries and trusts
Each section is Berkshire Hathaway Life's own statement, with the document it comes from numbered under Sources.
Which accounts take a beneficiary1
- Annuity
The settlement agreement controls whether a beneficiary can be designated or changed at all. BHLN cannot grant a right the agreement withholds.1
Who can be named1
- A trust
A revocable or irrevocable trust can be named as beneficiary of any remaining certain payments. BHLN requires a copy of the trust agreement on file before any payment is issued to it.2
How many beneficiaries, and how shares are split
- All accounts
Each beneficiary is given a percentage share. Primary beneficiary percentages must total 100%, and contingent beneficiary percentages must separately total 100%.2
Per stirpes designations are not accepted. BHLN rejects any designation leaving a payee under $100 per payment, and may reject one below $1,000 per payment, by written notice, where the contract provides for that threshold.2
What a designation takes to be effective
- All accounts
The payee signs, or an authorized fiduciary such as a guardian or trustee, stating the relationship. All joint payees must sign, and a spouse is asked to sign when someone other than the spouse is named.2
Notarization is required if the payee's verified signature is not in BHLN's records, which is common for beneficiaries and for anyone who was a minor when the settlement was finalized.2
Electronic signatures are accepted only after enrolling with a notarized E-Sign Authorization (SS-509), and only when BH Structures starts the signing with two-factor authentication.1
Where the settlement agreement of a minor or incompetent adult was approved by court order, changing the beneficiary designation requires court approval.1
Beneficiary forms Berkshire Hathaway Life issues2
- Beneficiary Designation or Change Request (form SS-394k, 11/2023)
For annuitys. Completed by the payee. Available to download.2
Return to
Email: annuities@bhstructures.com
Fax: 1-866-262-9342
Mailing address: Annuities & Structured Settlements Department, 1314 Douglas Street, Suite 1400, Omaha, NE 68102-1944
- E-Sign Authorization (SS-509)
Completed by the payee, to enroll in electronic signatures. Sent by the institution on request. Must be notarized.1
What Berkshire Hathaway Life's agreement says about beneficiaries5
- Changing or revoking a designation
Beneficiary changes must be in writing on form SS-394k. All beneficiary designations are subject to approval.2
- A beneficiary who dies first
If a beneficiary dies before the payee, that beneficiary's share is split pro rata among the living beneficiaries of the same class, primary or contingent.1
- No beneficiary survives
If designations fail, payment passes to the primary beneficiaries, then the contingent beneficiaries, then the estate of the payee.1
- A minor as beneficiary
Payments are never issued to minors. Guardianship or other legally acceptable fiduciary documentation is required at the payee's death.2
- Who can see the designation
The Payee Portal displays the beneficiary information on file for eligible contracts.3
State requirements Berkshire Hathaway Life statesMassachusetts
- Massachusetts
Massachusetts residents must use the encrypted email system, requested through the Contact page, instead of plain email.4
What Berkshire Hathaway Life says about trust accounts1
- Whether a new account is opened
A BHLN contract cannot be retitled into a trust. Once the assignment is complete, BHG Structured Settlements, Inc. owns a structured settlement annuity and "the payments cannot be altered"; single premium immediate annuities generally do not permit ownership changes after issue.1
BHLN suspended new business in 2023 and sells nothing direct, so there is no contract a trust could buy.1
Not in Berkshire Hathaway Life's published guidance2
- Which trust documents it accepts
- An online way to name a beneficiary
Sources4
- 1.BH Structures
- 2.Beneficiary Designation or Change Request (form SS-394k), 11/2023
- 3.Payee Portal
- 4.Contact
Sources
Data sourced from Berkshire Hathaway Life primary sources (17 pages reviewed). How we research.
Download these Berkshire Hathaway Life instructions
Download instructions for the whole estateA printable PDF with the steps, required documents, and contact details — verified against Berkshire Hathaway Life primary sources. Bring it to the branch or keep it beside the phone.
Berkshire Hathaway Life estate support
Annuities & Structured Settlements Department (BH Structures)
Phone
Fax
Hours
Mailing address
Website
Estate requests go through general customer service.
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