Be careful when naming beneficiaries

Print Story | Email Story
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.

North Adams Restaurant to Closing in Two Weeks

By Breanna SteeleiBerkshires Staff

NORTH ADAMS, Mass. — A downtown restaurant announced on Wednesday that it will be closing.

In a Facebook post, Door Prize stated its last day of service is Saturday, Nov. 14.

"We are not making this decision lightly and wish there was another way forward," read the post by owners Bryan "Swifty" Josephs and Jenny Klowden.

"We feel great pride for our successes and for a wonderful year of serving our community. Now on to the next adventure!"

They also thanked their staff and patrons who enjoyed their food 

The restaurant opened over a year ago in Hotel Downstreet after Josephs and Klowden previously had a residence at Massachusetts Museum of Contemporary Art, where they sold some of their signature dishes, as well as working in area restaurants, bringing their food to farmers markets and operating a catering business. 

The two named the restaurant after a John Prine song that they danced to at their wedding. Josephs described their fare as European comfort food, with one of their most popular dishes being pierogies. 

They also successfully renovated the covered porch outside the restaurant for dining, raising $7,000 through a Kickstarter

While their post did not allude as to why they are closing, iBerkshires has reached out for more answers. 

The 90-room hotel has reportedly been sold, with a closing expected by the end of the month. Owner Peregrine Group put the former Holiday Inn up for sale earlier this year after purchasing the property for $4.45 million in 2021. According to reports in The Berkshire Eagle, the cost of renovations to the 55-year-old property put a dent into revenues that limited the hotel's ability to cover obligations. 
 
It's not clear if this has anything to do with the restaurant, which operates as a separate entity.
 
"We are not looking for a public discourse on our business model or the closure," the Door Prize post states, inviting patrons to personally contact the Josephs or Klowden rather than comment on the posting. 

 

View Full Story

More North Adams Stories