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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NAHA Board Accepts Director's Resignation, Unlocks Tenants Association Office

By Jack GuerinoiBerkshires Staff

NORTH ADAMS, Mass. — The North Adams Housing Authority Board of Commissioners officially accepted the resignation of Executive Director Jennifer Hohn and restored access to the Tenants Association office.

The board held a special meeting Thursday to vote to accept Hohn's resignation and determined that there are currently no plans to replace her.

"We didn't make any final determinations in terms of the executive session so we will schedule another meeting at another time," Chairwoman Leigh Uqdah said after returning from more than an hour session. "Day-to-day operations will continue to be managed as normal by staff."

Per their bylaws, board member Marie Harpin will continue to handle finances, and Uqdah will manage contracts.

Hohn stepped down on Oct. 8 after 24 years leading the agency. Her resignation followed rising tension between her and the NAHA Tenants Association, culminating in the scheduling of a formal grievance hearing between both parties.

The boiling point was the locking of the association's office this summer. Tenants alleged the lockout was retaliation for posting a video on social media depicting improperly functioning door alarms. Hohn claimed the office was locked for tenant safety and to stop the spread of misinformation.

Tenants Association President Corey Fortin asked if Hohn's security access had been removed. Uqdah confirmed her credentials were revoked the day she resigned, meaning she can no longer monitor security cameras remotely.

Jennifer Barbeau, a former city councilor who was liaison to the Housing Authority, asked when the board met to discuss Hohn's severance package. Uqdah stated that Hohn did not have one.

The board also accepted the resignation of Commissioner Richard Lavigne, though they will vote officially on the matter at their next meeting.

The open portion of the meeting was brief, with nearly an hour and a half spent in executive session. Before entering executive session, the board opened the floor to tenants.

"The tenants requested an opportunity to talk to the board," said Uqdah. "It has been quite a while, but we have decided to honor that."

Fortin, who posted the original video to social media, was the first to speak. He was clear in his request: unlock the office door.

"Let's cut straight to the chase tonight. The former resigned Director Jennifer Hohn ordered the office locked," he alleged. "She is gone. The lockout is a direct violation, and the board has a duty to end that tonight."

He cited federal and state laws that mandate the tenants association be provided with office space, including computer and network access.

"We are here with a direct administrative demand. We demand that the board vote tonight to unlock the doors," he said. "Do not let a resigned director's illegal action remain the board's ongoing liability. Open our door tonight, and let us get back to work."

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