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.
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Vermont National Guard Members Depart From North Adams

By Jack GuerinoiBerkshires Staff

About 50 people waved flags to the see the Guardsmen off on their bus. The members were staying in North Adams because of a lack of hotel rooms in Bennington, Vt.
NORTH ADAMS, Mass. — Residents came together Friday to see some Vermont National Guard members off.
 
The American Legion Riders organized a send off for a group of 75 or so Guard members who were staying at Hotel Downstreet.
 
"We are going to escort them to the Bennington Armory," Riders President Mike Lewis said. "They are going to gear up there, and then I am not sure where they are going. I don’t even know if they are all going to the same place."
 
Fifty or so people met in the Hotel Downstreet parking lot to show their appreciation. They waved flags and held signs. A bagpiper was also present.
 
The Riders contacted the Fire Department who helped organize the send off. North Adams Police cruisers and Northern Berkshire EMS were also on site to help see the bus off.
 
Lewis said there was not enough rooms in Bennington for the National Guard members. He added because of the trend to use vacant hotel rooms as low-income housing, the group had to look toward North Adams.
 
It's not clear where these Guard were off to, but about 500 members of 3-172 Infantry Battalion were expected to go to the Middle East with U.S. Central Command. According to Vermont Digger, this deployment was scheduled prior to the strikes on Iran. 
 
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