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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North Adams Airport Sets Deadline For Cell Tower Project

By Jack GuerinoiBerkshires Staff

NORTH ADAMS, Mass. — The Airport Commission set a November deadline for Diamond Communications last week, accepting a contract extension on installing a cell tower through Nov. 25.

After that date, the commission wants some form of compensation.

This initial extension was built into the original contract, and commissioners had no objection to honoring it. However, Diamond's second request for a nine-month extension gave the board pause.

The airport accepted a bid from Diamond in 2024 to install a cellular tower on the airport campus. Diamond offered a $30,000-a-year lease with a scheduled 2.5 percent annual increase. Terms also included a $100,000 bonus and a percentage of the tower's gross revenue if it becomes fully leased out.

Shirin Everett of KP Law, who helped negotiate the original agreement for the airport, called into the meeting. She confirmed the project is on hold because Verizon, which plans to utilize the tower, has yet to commit money toward it. Everett said understands Verizon has potentially budgeted for the project in 2027.

This means that at the very earliest, Verizon might make a decision in mid-2027. Following a standard due diligence period, the airport likely would not begin receiving rent payments until 2028. Everett added that telecommunications projects are experiencing delays nationwide.

The situation did not sit well with Airport Commissioner William Hooper.

"Verizon is not ready to pull the trigger for Diamond, so they are at risk of not having their primary subtenant ready to go," Hooper said. "So my concern is, does Diamond have a real commitment to be able to do this?"

He added that Diamond currently has no financial commitment to the city, making him hesitant to hold potentially valuable land for them without receiving anything in return.

"I would hate to be reserving the rights of Diamond for a square inch of the airport if we don't have real commitment from them," Hooper said. "As I read the agreement, I don't like where I feel we are at the moment."

Everett stated that come Nov. 25, the city could grant another extension — this time accompanied by a request for compensation. She emphasized that Diamond is not entitled to anything beyond Nov. 25, though she noted that in prior conversations, Diamond was not open to providing substantial compensation.

If Diamond and the city simply allow the contract to expire, Diamond remains responsible for paying the city's legal fees, according to Everett. Furthermore, if Diamond eventually completes the process with the city, they must pay an automatic $100,000 to the airport.

Everett added that if the city decides to reopen the Request for Proposals (RFP) process, they would likely still be waiting until at least 2028.

"These leases, for whatever reason, are taking months and months ... it is really between a rock and a hard place," she said. "You can stay with the devil you know and hope it comes through, or we can choose someone else."

In related news regarding land use at the airport, the commission expressed interest in exploring the possibility of installing solar panels.

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