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.

Armed North Adams Man Arrested Following Domestic Standoff

Staff Reports

NORTH ADAMS, Mass. — Matthew Parker, a 44-year-old North Adams man is set to face multiple counts of attempted murder and weapons charges in Northern Berkshire District Court Friday morning following an hours-long, armed standoff at a Houghton Street home.

The Defendant is being arraigned for:

  • Domestic Assault and Battery
  • Assault with the Intent to Murder (3 counts)
  • Carrying a Firearm While Under the Influence of Alcohol (3 counts)
  • Possession of a hi-capacity firearm (4 counts)
  • Improper Storage of a hi-capacity firearm (2 counts)
  • Improper Storage of a firearm (6 counts)

According to a report, on June 10, 2026, at approximately 8:42 p.m., officers from the North Adams Police Department responded to 365 Houghton Street following a report of a domestic assault and battery. The caller said that she and her husband had been involved in a physical altercation.

She said her husband was intoxicated, making suicidal statements about shooting himself, and had access to both a shotgun and a pistol.

Upon arrival, officers made contact with both the caller and Parker. During the encounter, Parker threatened to shoot officers before retreating into the home and refusing to exit.

Officers believed the Parker was armed.

To ensure public safety, police established a perimeter around the home and requested assistance from the Berkshire County Special Response Team (SRT) and North Adams Police Department Crisis Negotiators. The Brien Center was also contacted and promptly provided an emergency mental health clinician to assist with the incident.

Special Response Team personnel deployed drones to monitor the residence and provide aerial illumination. During the operation, officers saw Parker exit the house carrying a rifle. He pointed it at the drones, stated a report. Parker subsequently pointed the rifle toward several officers positioned behind their cruisers. After officers attempted to de-escalate the situation, Parker returned inside the residence.

Trained crisis negotiators maintained communication with Parker for several hours in an effort to peacefully resolve the situation. At approximately 2:00 a.m., Parker ceased communication with negotiators.

Drone operators later observed Parker unconscious in a recliner on the first floor of the residence, with a rifle and shotgun on the floor nearby.

Members of the Berkshire County SRT then executed a coordinated operation. Diversionary devices were deployed through a window while an entry team simultaneously entered the home, secured the firearms, and took the Defendant into custody.

A search warrant was executed after Parker was in custody. North Adams Police seized 4 shotguns, 6 rifles, 2 handguns, and thousands or rounds of ammunition from the home.

During the operation, one SRT member sustained a minor injury related to a less-lethal bean bag deployment. Parker also sustained non-life threatening injuries during the arrest and was transported to Berkshire Medical Center for medical evaluation.

"We thank the community for its patience and cooperation throughout this incident, particularly residents in the affected area who complied with temporary shelter-in-place requests," North Adams Chief of Police Mark Bailey said The North Adams Police Department extends its sincere appreciation to the agencies that provided mutual aid and assisted by handling calls for service during this incident. We are especially grateful to the Berkshire County Special Response Team for its professional and decisive response, the Brien Center for the rapid deployment of a mental health clinician, and our crisis negotiators whose efforts helped maintain dialogue and contributed significantly to the safe resolution of this incident."

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