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: Let's Prioritize Investment in Public Education in Massachusetts

Letter to the Editor

To the Editor:

Across the 1st Berkshire District, our schools face a unique set of challenges. Declining enrollment, rising transportation costs, workforce shortages, increasing special education expenses, and growing student mental health needs are placing significant pressure on local districts and taxpayers alike.

We need to continue to strengthen the connections between our primary schools, higher education institutions, career training programs, and local employers so that more young people can build successful futures right here in the Berkshires. Whether it's early college programming that has been spearheaded and highly successful right here in the 1st Berkshire District with MCLA, new trades training like the HVAC program at McCann, or the high demand certifications and trainings in healthcare now being built and operated at BCC, MCLA, and within our K-12 system. Each of these represents an example of how we do things well right here in our region, and lays the groundwork for how we can continue to advance educational support.

A strong public education system is directly connected to housing, childcare, transportation, workforce development, and economic opportunity. If we want to retain young families, attract new residents, and build a stronger regional economy, we must continue investing in educational excellence at every level.

I support continued and enhanced investment in public education, career and technical education, and early childhood education. I also support policies that recognize the unique challenges facing rural and small-city districts, particularly around transportation funding, the imbalance of special education costs and state funding formulas, and educator recruitment and retention. When local students' needs change, we need to be aggressive in advocating and designing policies that remain agile to the cost-of-service impacts and be willing to change existing practices such as the Chapter 70 funding formula. Together, we need to foster a culture of equitable education investment that lifts up our students and families, not one that measures their value based on standardized tests that have proven to be determined more heavily by median household income, and not the quality of our educators, the commitment of our students or the support of our communities.

Every student deserves a pathway to success, whether that pathway leads to a college classroom, a skilled trade, military service, entrepreneurship, or a career right here in the Berkshires. As your State Representative, I will work collaboratively with educators, families, school leaders, higher education institutions, workforce partners, and state agencies to make sure that the Berkshires have a strong voice in shaping the future of education policy in Massachusetts, and will ensure that our communities get the tailored support we need and deserve.

Sincerely,

Andrew Fitch
North Adams, Mass. 

Candidate for state representative, 1st Berkshire District

 

 

 

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