Be careful when naming beneficiaries

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You might not have thought much about beneficiary designations — but they can play a big role in your estate planning.
 
When you purchase insurance policies and open investment accounts, such as your IRA, you'll be asked to name a beneficiary, and, in some cases, more than one. This might seem easy, especially if you have a spouse and children, but if you experience a major life event, such as a divorce or a death in the family, you may need to make some changes — because beneficiary designations carry a lot of weight under the law.
 
In fact, these designations can supersede the instructions you may have written in your will or living trust, so everyone in your family should know who is expected to get which assets. One significant benefit of having proper beneficiary designations in place is that they may enable beneficiaries to avoid the time-consuming — and possibly expensive — probate process.
 
The beneficiary issue can become complex because not everyone reacts the same way to events such as divorce — some people want their ex-spouses to still receive assets while others don't. Furthermore, not all the states have the same rules about how beneficiary designations are treated after a divorce. And some financial assets are treated differently than others.
 
Here's the big picture: If you've named your spouse as a beneficiary of an IRA, bank or brokerage account, insurance policy, will or trust, this beneficiary designation will automatically be revoked upon divorce in about half the states. So, if you still want your ex-spouse to get these assets, you will need to name them as a non-spouse beneficiary after the divorce. But if you've named your spouse as beneficiary for a 401(k) plan or pension, the designation will remain intact until and unless you change it, regardless of where you live.
 
However, in community property states, couples are generally required to split equally all assets they acquired during their marriage. When couples divorce, the community property laws require they split their assets 50/50, but only those assets they obtained while they lived in that state. If you were to stay in the same community property state throughout your marriage and divorce, the ownership issue is generally straightforward, but if you were to move to or from one of these states, it might change the joint ownership picture.
 
Thus far, we've only talked about beneficiary designation issues surrounding divorce. But if an ex-spouse — or any beneficiary — passes away, the assets will generally pass to a contingent beneficiary — which is why it's important that you name one at the same time you designate the primary beneficiary. Also, it may be appropriate to name a special needs trust as beneficiary for a family member who has special needs or becomes disabled. If this individual were to be the direct beneficiary, any assets passing directly into their hands could affect their eligibility for certain programs.
 
You may need to work with a legal professional to sort out beneficiary designation issues and the rules that apply in your state. But you may also want to do a beneficiary review with your financial advisor whenever you experience a major life event, such as a marriage, divorce or the addition of a new child. Your investments, retirement accounts and life insurance proceeds are valuable assets — and you want them to go where you intended.
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Drury Hosts Inaugural Government Appreciation Day

By Jack GuerinoiBerkshires Staff

State Rep. John Barrett III explains his role in the state Legislature to students during Government Appreciation Day at Drury on Friday.
NORTH ADAMS, Mass. — Eighth-grade students learned about civics firsthand during the school's inaugural Massachusetts Government Appreciation Day.
 
"Government is strongest when every individual feels as though they are part of the process," said civics teacher Patrick Boulger, before introducing the Friday's guest speakers. "Today is the day when you have an opportunity to be part of this process and learn from individuals who have dedicated their lives to government service."
 
The event is a new addition to the eighth-grade civics curriculum, to provide students with a deeper understanding of state and local governance before they take Massachusetts Comprehensive Assessment System's civics exam
 
Mayor Jennifer Macksey, former Gov. Jane Swift, state Rep. John Barrett III, Assessor Jessica Lincourt and the mayor's executive assistant Lindsay Randall all addressed students in breakout sessions and explained their role in government.
 
Macksey started her presentation by telling her own story starting as a Drury High School graduate. 
 
She said her first job in government was a little less glamorous.
 
"My first job with the city truly was at the dump," she said pointing out the window toward where the city dump used to be. "I sold composting bins, and I did such a good job I was able to get a part-time job in the public service department at City Hall."
 
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