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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'Into Light': Addressing Addiction One Portrait at a Time

By Sabrina DammsiBerkshires Staff
NORTH ADAMS, Mass. — The "Into Light" exhibit is sketching a new path toward transforming the conversation around addiction — one portrait and story at a time. 
 
Since 2019, the nonprofit's founder Theresa Clower has put on close to 21 exhibitions around the country, sharing the stories of more than 600 people who have lost their lives to addiction. 
 
Now, the installation will be on view at Hotel Downstreet from Friday, March 13, through June 30, featuring 10 portraits of local community members who died from addiction and 20 portraits from the eastern Massachusetts exhibit. 
 
This collaborative effort combines municipal opioid settlement funds and lead sponsor Berkshire Health Systems, in collaboration with the Northern Berkshire Opioid Abatement Collaborative, HEAL Coalition, Berkshire Regional Planning Commission, and North Adams Regional Hospital.
 
In addition to the installation, the team has developed programs and forums to be held throughout the three months to start a conversation and improve education on the disease. 
 
"The core to our efforts around 'Into Light' is the community education, especially building on people's awareness of addiction as a disease and as a disease that is curable," said Andy Ottoson, BRPC senior public health planner. 
 
Ottoson stressed the importance of treating substance use disorder like any other disease, reducing stigma, and normalizing open conversations around addiction and the resources out there to help recover.
 
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