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.

Myotherapy Practice Opens in North Adams

By Breanna SteeleiBerkshires Staff

Holistic Myotherapy in Greylock Works offers a calming area for clients to discuss their treatment and problems.

NORTH ADAMS, Mass. — A new mind and body therapist has opened for business in Greylock Works.

Owner of Holistic Myotherapy, Georgette Yannetti, started her muscle therapy practice in her native Brooklyn, N.Y., to help those with spinal problems like herself.

"I started my practice in Brooklyn in 2015 specifically to help teenagers with spinal deformities, scoliosis, because I myself struggle with that since I was an adolescent, I had four spinal surgeries and was disabled," she said. 

Yannetti worked as a massage therapist at the Greenwich Hotel and started doing myotherapy as a side project until it took off and she could focus on it full time. 

Myotherapy is a deep-tissue massage and stretching treatment that focuses on muscle and joint pain.

"The practice just took off, and it wasn't just for scoliosis," she said. "It branched out to other spinal deformities and just other kind of people suffering with other kind of disabilities, and not even just physical disabilities, but psychological, you know, anxiety, depression, anything that people really needed space to be held for."

She explained her process as building a connection with clients and being able to talk with her about their problems before they get on the table.

"It needs to be more than just like, well, you're gonna get undressed and now I'm gonna touch you for like 60 minutes. To go from I don't know you to now get on the table — you can't, there needs to be more," Yannetti said. "So I provided this seating area and tea and like a little bit of connection. So even though I'm not a psychotherapist, I mean, I am very clear with people, like I'm not your therapist ... but I provide the space for people to also share more about themselves, what's happening."

She said she couldn't find the type of service she is now giving and wanted for herself.

"I basically started my practice, and I was like, when I receive body work, this is what this is the kind of work that I would want because this is what I need when I'm receiving body work because of my trauma, and I can't find that," she said. 

Yannetti moved to Berkshire County earlier this year because she had always enjoyed visiting the area, saying this was her preferred vacation spot and even came here for her honeymoon.

"I've been visiting consistently for the past 10 years, specifically to Berkshire County, just because I love it here. It's been a safe space for me. I never wanted to leave," she said. "Every time I came, I was always like, I don't want to leave, and that said something to me. Whenever I had the opportunity to travel, if it wasn't internationally, I was like, I want to go to the Berkshires." 

She was looking online one day and found a house, and her husband agreed it was their perfect place. On a whim they decided to buy it and move out here. While she was not initially planning to restart her practice, she decided to do a free class with Greylock Yoga and fell in love with the renovated mill building. She immediately asked about a space for rent and signed the lease in early June.

She held her soft opening on July 1.

She hopes her clients know this is a safe space where she will support them.

"That I'm here to support them in whatever their process is. That this is a safe space. A lot of people release emotionally in here, because the body stores emotion. A lot of people are still learning that."

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