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.
If you would like to contribute information on this article, contact us at info@iberkshires.com.

Urban Legends and Cryptids Come Alive as North Adams Prepares for Mohawk Theater Haunted House

By Breanna SteeleiBerkshires Staff

NORTH ADAMS, Mass. — A spooky and scary night at the Mohawk Theater is approaching fast after local officials decorated it for their annual haunted house.

For the third year in a row the police department, fire department, City Hall, Northern Berkshire EMS, nbCC, Drury High School, American Legion, and 18 Degrees spent hundreds of hours the past few weeks setting up at the former theater.

This year's theme is Urban Legends and Cryptids, with an emphasis on local lore and giving participating groups room to create their own scenes.

Business Manager for the Department of Public Safety Meghan DeLuca showed iBerkshires the setup and what they have been working on.

When you first enter you'll notice the Hoosac Tunnel welcoming you with a train lit up and smoking. The posters on the wall were made by Drury High's digital marketing and media class will give you a sneak peak of what you may encounter when you enter the tunnel.

All of the departments chose a different theme for their space; MCLA welcomes you in detention, the American Legion is putting a twist on Red Riding Hood and the Three Little Pigs, Drury is hosting aliens and another cryptid.

"We're all in here trying to curate the whole entire space because obviously, this is an undertaking. This building is not open to the public currently. I grew up in North Adams my whole entire life until we had the opportunity three years ago to come in here, and we were trying to find a space that was going to work for the haunted house. I'd never been in here, so I think that a lot of the allure is that this is a place that you're not expecting to be able to come into," she said.

DeLuca said planning begins around April, with organizers choosing a theme, confirming which groups will participate, collecting set ideas, and determining what materials are needed. Then setup begins around mid-August, as donated materials arrive and the team builds and adjusts the layout.

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