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: Get Outside This Holiday Weekend

iBerkshires Staff

Enjoy the peak of the fall season this weekend before the weather turns frosty!

 

Editor's Pick

Mt. Greylock Ramble/RambleFest
All Around Adams

Oct. 9–12

Massachusetts' highest peak is the centerpiece of a weekend-long celebration of autumn in the Berkshires. A live performance by comedian Jason Salmon on Friday, Oct. 9, and the Big in the Berkshires local music showcase on Saturday, Oct. 10, both will kick off the weekend at The Adams Theater. This year's RambleFest celebration will be held Sunday, Oct. 11, from noon to 5 p.m. p.m. at the Adams Visitor Center, located at 3 Hoosac St. in Adams. This free event will feature live music, food and drink, vendors, children's activities, sight-seeing trains, and more. The 58th annual Mt. Greylock Ramble, a hike along the Cheshire Harbor Trail to the summit of Mount Greylock, will take place Monday, Oct. 12. This 6.6-mile, round-trip hike that is moderately strenuous and can take four to five hours, but the spectacular views at the 3,491-foot summit are worth the effort. The first 2,000 hikers will receive certificates of accomplishment. A free shuttle from the Adams Visitor Center to the trailhead runs from 8 a.m. to 1 p.m. with return shuttle until 4 p.m. Very limited parking will be available near the trailhead, so use of the shuttle is strongly encouraged.

More information here.

 

Multiple Days

'Celebrating Jewish Plays'
Shakespeare & Company, Lenox
Oct. 9–11

"Celebrating Jewish Plays" features three readings presented over three evenings during the holiday weekend. Live poetry, speakers, musical performances, and more have been added to this year's celebration. Multishow weekend passes are also available; tickets are $30 to $100.

Tickets and information here.

 

Thursday

Closing Reception for 'Terra Mater'
Hotel Downstreet, 40 Main St., North Adams
6–8 p.m.

These nature-inspired ink, cyanotype, and mixed-media works by artists Joan Ryan, Livia Linden, Carissa Toomey and Alicia Canary are curated by Anna Salmeron.

More information here.

 

'Goosebumps' Party
Lenox Library, Lenox
3:30–5 p.m.

As part of Banned Books Week, the library invites the public to celebrate the birthday of prolific author R.L. with a Goosebumps Party with crafts, food, and fun. Create neon marker art, slime, and listen to scary stories. Free for all ages.

More information here.

 

Friday

American Stories Curator Talks
Norman Rockwell Museum, Stockbridge
9:30 a.m.

Spend a morning with curators exploring Norman Rockwell Museum's expansive and thought-provoking exhibition commemorating 250 years of America. Each session will focus on a theme drawn from the exhibition. This program occurs before public opening hours, providing a unique opportunity for reflection and enjoyment of the exhibition.

Tickets and information here.

 

Planetarium Show
Milham Planetarium,
Williams College, Williamstown
8–9 p.m.

Weekly planetarium shows are held on Friday nights at the Milham Planetarium to see all that night sky has to offer, from mythology to astrophysics and cosmology.

Registration here.

 

Friday Karaoke
Dalton American Legion
6 p.m.

More information here.

 

Saturday

Geology of Stone Hill

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