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.

Weekend Outlook: Mother's Day & More

By Breanna SteeleiBerkshires Staff

Check out the events happening this weekend including fishing, plays, and more.

Editor's Pick

Wild Acres Fishing Derby
Wild Acres, Pittsfield
Time: Saturday, 8 to noon

This free fishing derby is for youth 14 and older. Catch the biggest fish to get a reward. The first 100 children will receive a free food voucher. 

More information here.

Daffodil & Tulip Festival
Naumkeag, Stockbridge
Time: Through Sunday
 
Final weekend to walk the grounds of Naumkeag and see the thousands of flowering bulbs. Timed tickets must be purchased in advance and will not be sold on-site. 
 
More information and ticket purchase here

Multiple Days

'Big Fish'
Taconic High School, Pittsfield
May 8, 9, 14, 15,16. Times vary at 2 and 7 p.m.

The Taconic Theater department stages "Big Fish," a musical about son who goes on an adventure to find the truth about his father's wild and unbelievable stories.

More information and tickets here.

'The Prom Musical'
Berkshire Community College
Showings Friday through Sunday

A small-town prom is getting too much attention when a student wants to bring her girlfriend as a date. A troupe of Broadway stars arrive in the conservative community out on a mission to help in this musical comedy.

More information and tickets here.

Baby Animals
Hancock Shaker Village, Pittsfield
Time: 11 to 4, through May 10

A sure sign of spring is the arrival of baby animals at Hancock Shaker Village in Pittsfield. See lambs, piglets, calves, chicks and kids and enjoy events and activities throughout the Village, from daily talks about the farm and the Shakers to craft demonstrations to walks along the Farm & Forest Trail.

Admission is $8 to $20, free for children 12 and younger. More information here.

Friday

Night of Dreams Fundraising Gala: Berkshire Dream Center
Berkshire Hills Country Club, Pittsfield
Time: 6 to 9 p.m.

This annual gala is a major fundraiser for the nonprofit Berkshire Dream Center. Enjoy dinner, music, a silent auction, and more. 

More information and tickets here.

Dead Man's Waltz
Stationery Factory, Dalton
Time: 7:30 p.m.

Enjoy classic songs from bands like The Grateful Dead with a full bar. Bring your partner and dance and sing the night away.

More information and tickets here.

Friday Karaoke
Dalton American Legion
Time: 6 p.m.

More information here.

Karaoke Night
Methuselah Bar & Lounge, Pittsfield
Time: 9 to midnight

Bring your friends and sing your favorite songs.

More information here.

Saturday 

Mass Kids Lit Fest 
Berkshire Athenaeum, Pittsfield
Time: 10:30 a.m.

Children's author Carol Munro will do a "Springtime Storks" storytime, based on a true story of resilience and love between two migrating birds. Children will have the chance to create their own stork hand puppets and learn more about storks.

More information here.

'Williamstown in 1776'
Williamstown Historical Museum
Time: 11 a.m.
 
Local historian and Historical Commission Chair Dustin Griffin will speak on the politics and leaders of Williamstown at the start of the Revolution. The museum is at 32 New Ashford Road. 
 
More information here

Berkshire Carousel Opening Day
Berkshire Carousel, Pittsfield
Time: noon to 5 p.m.

The carousel on Center Street opens for the season with face painting and other activities.

More information here.

Mountain Mindfulness Yoga
Mount Greylock Visitor Center
Time: 1 to 2:15 p.m.

This free yoga class is open to all levels. Enjoy the mountain views and connect with nature.
More information here.

Rusted Chains
Zinky's Pub, Dalton
Time: 8 to 11 p.m.

Rusted Chains performs a tribute to the '90s.

More information here.

Sunday

50th Annual Mother's Day Women's 5K/Mile Walk
Berkshire Community College, Pittsfield
Time: 8 a.m.

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