Who Gets Your Retirement Account If You Forget to Update Beneficiaries?

Dan McKenzie • July 19, 2026

Imagine working hard your entire life, saving diligently for retirement, and looking forward to the peace of mind that your family is protected. You might think that having a will ensures your assets go exactly where you want them. However, one overlooked document can completely derail your plans, leaving your loved ones with next to nothing. This is a legal disaster story that happens far too often, and it usually starts with a simple oversight regarding who gets your retirement account if you forget to update beneficiaries.

The $400,000 Mistake You Can Easily Avoid

Consider a scenario where a young professional gets married, sets up a retirement account, and names his new spouse as the beneficiary. Ten years later, they divorce. He eventually remarries, builds a beautiful life with his new wife, and intends to provide for her. But life gets busy. Between work, family obligations, and maybe planning weekend trips to go skiing in the Colorado mountains, updating old paperwork slips through the cracks. If he passes away years later, his current wife could be left empty-handed. Even if his will leaves everything to his current spouse, a $400,000 retirement account would go directly to his first wife simply because her name was left on the original form from twenty years ago.

Why Your Will Doesn’t Protect Your Retirement Funds

Many people do not realize that beneficiary designations on retirement accounts, life insurance policies, and bank accounts override whatever is written in a will. These forms create a direct contract with the financial institution. This means the bank or investment company is legally required to hand the funds to the person named on that piece of paper, regardless of your current marital status or what your will says. If you haven't reviewed these designations in the last five years, your hard-earned savings could be legally bound to go to an ex-spouse, a deceased relative, or someone you no longer wish to support.

Keep Your Estate Plan Current to Protect Your Loved Ones

Protecting your family requires a regular review of your entire financial picture. An estate plan is not a "set it and forget it" project. Major life changes like marriage, divorce, or having children mean your legal documents and financial forms need an update. Taking a little time today to audit your accounts ensures that your assets protect the people you love most



estate planning checklist → how often you should update your estate plan

Schedule a Consultation with Our Centennial Legal Team

Don't let an outdated form decide your family's financial future. The McKenzie Law Firm, LLC helps families protect their legacies throughout the Denver metro area. If you need to know who gets your retirement account if you forget to update beneficiaries or want a comprehensive review of your existing plan, we are here to help. Contact us online or call our Centennial office today at 720-821-7604 to schedule a consultation.


The McKenzie Law Firm, LLC practices law exclusively in Colorado. This post is for general informational purposes only and does not constitute legal advice. Please consult a qualified attorney regarding your specific situation.

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