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.

Companion Corner: Mimi and Herman at Second Chance

By Breanna SteeleiBerkshires Staff

ARLINGTON, Vt. — There is a sweet bonded pair of felines looking for a new home together.

iBerkshire's Companion Corner is a weekly series spotlighting an animal in our local shelters that is ready to find a home.

Mimi and Herman have been at the shelter since May and are 9 years old.

Feline program administrator Santana Snyder introduced us to them, noting this is their second time at Second Chance. 

"They are a bonded pair of nine year old kitties that came to the shelter because their previous owner had to go to a nursing home," she said. "They were adopted from the shelter as kittens, and things just changed. They've been together, like I said, their whole life, brother and sister, so they do need to go together."

The two have a bit of differing personalities as Mimi is more outgoing than Herman, who is quite shy and will hide at first.

"Herman's definitely gonna take time to warm up. He is a little bit of a scaredy cat. He hides a lot. It took a little while for him to come out and sit on the cat tree and be out in the open here. Mimi took pretty quickly to being out and about and interacting with everybody, so they just need somebody that's going to have some patience with them and kind of let them come out of their shell at their own pace," she said.

Mimi likes to play and be around you. Herman has mainly hid since being at the shelter. 

Herman does have one eye but it does not bother him.

"Mimi will get playful every now and then I don't think I've ever seen Herman play. Herman is missing an eye. He was, I guess, found like that as a kitten before he even came to the shelter originally," said Snyder. "Doesn't seem to bother him any. It's completely closed, but he sees perfectly fine out the other one."

But the two are healthy besides being on a diet, as Herman is pushing 20 pounds.

The two would do well in a quiet home without kids. They have not been with other animals previously.

"A quiet home, for sure. We would probably say no kids. They've never been around cats or dogs before, but potentially mellow, feline-friendly cats would be OK. They spend most of their time as senior kitties just lounging, napping, getting attention from the visitors at the shelter," she said. "I definitely think maybe an older couple would be really good for them. Someone who's home a lot, they're kind of used to that in their previous home." 

But the two are ready for their new home where they can give and receive love from a new family.

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