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.

Letter: A Promise to Keep: The Story of No Paws Left Behind

Letter to the Editor

To the Editor:

In August 2023, the Friends of the Eleanor Sonsini Animal Shelter announced the shelter would be closing. For Noelle Howland, a shelter employee, the news was heartbreaking. Rather than accept the end of the mission, she began raising funds to keep the shelter open a few more months, giving the shelter animals additional time to find homes.

Although the Sonsini Board remained committed to closing the shelter, Noelle was encouraged to continue its mission by creating a new organization. That encouragement became No Paws Left Behind.

With determination, hard work, and support of early donors, Noelle searched for a new location and found one in North Adams, renting the municipal animal control facility. Establishing a shelter in North Berkshire made sense for our rural region, where accessible animal rescue services are greatly needed. We believed Eleanor Sonsini's mission deserved to continue and the community and animals deserved a nearby resource.

After navigating countless regulations and requirements, No Paws Left Behind officially opened in July 2024.

We started small, using the donations Noelle had personally raised during the initial campaign. While some equipment from the former Sonsini shelter was given, no other financial support was provided. Much of what we have built has been made possible through those initial efforts and ongoing community support.

Our community has welcomed us with open arms. Many supporters previously adopted from Sonsini and recognize our shared commitment to giving animals a second chance. We are proud to carry that spirit forward.

I share this history because it's important to understand where we started, how far we've come, and why continued support matters. Operating a small, independent, no-kill shelter requires ongoing fundraising, generosity, and dedication.

Yes, Noelle is my daughter, and I am the board president. Even so, I remain in awe of what she has accomplished. To see a then 23-year-old turn an idea into a functioning shelter because she refused to give up is remarkable.

As we look toward the future, we dream of one day having a larger shelter so we can help even more animals. On Giving Tuesday, Dec. 2, and throughout the year, please consider supporting No Paws Left Behind. Donate, attend an event, or simply spread the word.

A shelter is more than a building. It is a promise that animals in need will have a chance at a better life. Thank you for helping make this journey possible.

Bonnie Howland
North Adams, Mass.

 

 

 

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