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.
If you would like to contribute information on this article, contact us at info@iberkshires.com.

Companion Corner: Ellie at No Paws Left Behind

By Breanna SteeleiBerkshires Staff

NORTH ADAMS, Mass. — There is a spicy orange tabby looking for her new home.

iBerkshire's Companion Corner is a weekly series spotlighting an animal in our local shelters that is ready to find a home. 

Ellie is a 5-year-old domestic shorthair who has been at the shelter for about a month. Kennel assistant Claire Morin introduced us to her.

"The family's living situation was changing, and so they surrendered her on that day," she said.

Like a typical orange, Ellie can have a "spicy" side to her and may hiss or growl. But she is also in a shelter setting which can cause more stress.

"Ellie is a very sassy girl. She's been a little bit challenging to handle here because she hates all cats, so ideally she would want to be in a single-cat home," Morin said. "When we get her out, she enjoys being out, but she starts to smell the other cats that are here, and she becomes very antagonistic. The cats are antagonistic toward her as well, but overall she's a very sweet girl." 

While Ellie is not a fan of other cats, and since she is in a room with other cats, it can be hard to show off how great she can be without the stress.

Ellie is big on food and likes her wet treats. She also likes being brushed with a toothbrush.

"Ellie loves wet food, which she is devouring right now because it's lunchtime. She loves catnip. She loves being brushed with this giant toothbrush-like brush, and she loves treats," she said.

She can be in a home with older children who can understand her boundaries.

"Ellie would do beautifully if she was the only cat in the house. It would take her a few minutes to warm up with whoever adopts her."

She would also do best as the only one getting attention on her terms and to be respectful of her boundaries. But once out of the shelter setting she may find herself more comfortable and more loving with one-on-one attention. 

"We think she would do fantastic in a home where she was the only one getting the attention. She'd be much more comfortable on her own terms."

If you think Ellie could be your companion, be sure to fill out the form on the shelter's website and email or drop it off to No Paws Left Behind on Hodges Cross Road.

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