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.

Berkshire County Homes Celebrating Holiday Cheer

By Breanna SteeleiBerkshires Staff

There's holiday cheer throughout the Berkshires this winter.

Many homeowners are showing their holiday spirit by decorating their houses. We asked for submissions so those in the community can check out these fanciful lights and decor when they're out.

We asked the homeowners questions on their decorations and why they like to light up their houses.

In Great Barrington, Matt Pevzner has decorated his house with many lights and even has a Facebook page dedicated to making sure others can see the holiday joy.

Located at 93 Brush Hill Road, there's more than 61,000 lights strewn across the yard decorating trees and reindeer and even a polar bear. 

The Pevzner family started decorating in September by testing their hundreds of boxes of lights. He builds all of his own decorations like the star 10-foot star that shines done from 80-feet up, 10 10-foot trees, nine 5-foot trees, and even the sleigh, and more that he also uses a lift to make sure are perfect each year.

"I always decorated but I went big during COVID. I felt that people needed something positive and to bring joy and happiness to everyone," he wrote. "I strive to bring as much joy and happiness as I can during the holidays. I love it when I get a message about how much people enjoy it. I've received cards thanking me how much they enjoyed it and made them smile. That means a lot."

Pevzner starts thinking about next year's display immediately after they take it down after New Year's. He gets his ideas by asking on his Facebook page for people's favorite decorations. The Pevzner family encourages you to take a drive and see their decorations, which are lighted every night from 5 to 10.

In North Adams, the Wilson family decorates their house with fun inflatables and even a big Santa waving to those who pass by.

The Wilsons start decorating before Thanksgiving and started decorating once their daughter was born and have grown their decorations each year as she has grown. They love to decorate as they used to drive around to look at decorations when they were younger and hope to spread the same joy.

"I have always loved driving around looking at Christmas lights and decorations. It's incredible what people can achieve these days with their displays," they wrote.

They are hoping their display carries on the tradition of the Arnold Family Christmas Lights Display that retired in 2022.

The Wilsons' invite you to come and look at their display at 432 Church St. that's lit from 4:30 to 10:30 every night, though if it's really windy, the inflatables might not be up as the weather will be too harsh.

In Pittsfield, Travis and Shannon Dozier decorated their house for the first time this Christmas as they recently purchased their home on Faucett Lane. The two started decorating in November, and hope to bring joy to the community.

"If we put a smile on one child's face driving by, then our mission was accomplished," they said. 

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