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.

North Adams Council Looks to AG for Assurances on Federal Grant

By Tammy DanielsiBerkshires Staff
NORTH ADAMS, Mass. — City officials want to know if the attorney general will defend them if they refuse to abide by certain provisions in a federal grant for the Police Department. 
 
The City Council on Tuesday voted to postpone action until Nov. 10 on a fiscal year 2025 Edward Bernard Memorial Justice Assistant Grant after an hour of debate and hearing from more than a half-dozen audience members in opposition.  
 
"Let's take all the time that we have. Let's wait for them to actually do their due diligence and fight these provisions and, hopefully, win, and then it's not a problem at all, and everybody's happy, and we take care of it," said Council President Ashley Shade. "And if they don't get the provisions out, let's make sure that they're willing to defend us if we accept it. And if they are, let's fight them. Let's fight them on this."
 
The U.S. Department of Justice grant for $14,231 is to update the department's overstuffed evidence room to aid its accreditation process. But new requirements within the contract about active or passive cooperation with federal agencies, including U.S. Immigration and Customs Enforcement, have raised fears within the council and community. 
 
Mayor Jennifer Macksey and Police Chief Mark Bailey had explained the need for an evidence room two weeks ago and assured that Police Department didn't deal with civil matters like immigration, but the council rejected the grant. Shade motioned for it be reconsidered for discussion, which passed. 
 
Audience members spoke out in opposition to accepting the grant, often to applause. 
 
"We cannot trust that they aren't attaching strings that we think, in good faith, could not happen," said Sarah Farnsworth from North Adams. "That they could not make us do things that we are protected from in the Constitution. And we have seen over and over that somehow that manages to happen."
 
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