Are Beneficiary Designations Protected in New Hampshire?
Check how divorce, creditors, and state laws affect your life insurance, retirement accounts, and other beneficiary designations.
Frequently Asked Questions
Beneficiary designations on life insurance, retirement accounts, POD bank accounts, and TOD brokerage accounts determine who receives those assets at death.RSA 551:12 (anti-lapse, wills only); RSA 551:13; RSA 562-A (slayer); RSA 563-C (TOD securities); RSA 563-D:13-:14 (TOD deed lapse + divorce revocation); RSA 383-B:4-404 (POD accounts); RSA 511:2, XIX; RSA 458:16-a (equitable distribution); RSA 560:10 (elective share)Verified Jul 13, 2026 These designations override the terms of a will or trust. Outdated designations remain in effect regardless of other estate planning documents.
No. New Hampshire does not automatically revoke an ex-spouse as beneficiary upon divorce.RSA 551:12 (anti-lapse, wills only); RSA 551:13; RSA 562-A (slayer); RSA 563-C (TOD securities); RSA 563-D:13-:14 (TOD deed lapse + divorce revocation); RSA 383-B:4-404 (POD accounts); RSA 511:2, XIX; RSA 458:16-a (equitable distribution); RSA 560:10 (elective share)Verified Jul 13, 2026 All beneficiary designations on life insurance, retirement accounts, and other assets must be updated manually after a divorce, or the ex-spouse may still receive those assets.
New Hampshire provides partial creditor protection for inherited IRAs.RSA 551:12 (anti-lapse, wills only); RSA 551:13; RSA 562-A (slayer); RSA 563-C (TOD securities); RSA 563-D:13-:14 (TOD deed lapse + divorce revocation); RSA 383-B:4-404 (POD accounts); RSA 511:2, XIX; RSA 458:16-a (equitable distribution); RSA 560:10 (elective share)Verified Jul 13, 2026 The level of protection may depend on whether the IRA was inherited from a spouse or non-spouse, and whether the case is in state or federal court.
Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for employer-sponsored plans such as 401(k)s, pensions, and group life insurance. Even if New Hampshire automatically revokes an ex-spouse upon divorce, ERISA-governed plans follow the designation on file with the plan administrator. The Supreme Court confirmed this in Egelhoff v. Egelhoff (2001) and Kennedy v. Plan Administrator (2009).
When no valid beneficiary designation exists, the asset typically passes to the account holder's estate and is distributed through probate under New Hampshire's intestacy laws. This can result in delays, additional costs, and the assets going to someone other than the intended recipient. See who inherits with the New Hampshire inheritance calculator.
No. New Hampshire does not default to per stirpes for beneficiary designations.RSA 551:12 (anti-lapse, wills only); RSA 551:13; RSA 562-A (slayer); RSA 563-C (TOD securities); RSA 563-D:13-:14 (TOD deed lapse + divorce revocation); RSA 383-B:4-404 (POD accounts); RSA 511:2, XIX; RSA 458:16-a (equitable distribution); RSA 560:10 (elective share)Verified Jul 13, 2026 If a named beneficiary dies before the account holder, the share typically lapses unless the designation explicitly includes per stirpes language or names contingent beneficiaries.
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