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.

State Fire Marshal: 'Fall Back' Into Safety

STOW, Mass. —State Fire Marshal Jon M. Davine and the Fire Chiefs Association of Massachusetts are reminding residents to replace the batteries in their smoke and carbon monoxide (CO) alarms and replace outdated alarms when they change their clocks this weekend. 

"Smoke and CO alarms can save your life and protect the people you care for, but only if they're working properly," said State Fire Marshal Davine. "As we 'fall back' this weekend, please take a few minutes to check the manufacturing date on the back of your alarms, replace them if they're outdated, and put fresh alkaline batteries in the alarms that use them." 

"Smoke alarms should be replaced after 10 years," said Brockton Fire Chief Brian Nardelli, who serves as president of the Fire Chiefs Association of Massachusetts. "Carbon monoxide alarms should be replaced according to the manufacturer's instructions – usually 5, 7, or 10 years, depending on the make and model." 

A 2015 update to the State Fire Code requires that replacement smoke alarms in most Massachusetts homes have sealed, 10-year batteries. Now, more than 10 years later, many alarms purchased to comply with the update are at or near the end of their useful lifespans. 

State Fire Marshal Davine and Chief Nardelli offered these tips for anyone replacing out-of-date single-station smoke alarms. Following these guidelines will reduce the risk of a disabled or outdated alarm failing to alert residents: 

  • Choose photoelectric alarms from a well-known, national brand 
  • Look for the mark of an independent testing lab like UL or Intertek/ETL 
  • Select alarms with a sealed, long-life battery and a "hush" feature" 
  • Alarms that meet UL Standard 217, 8th edition or later, use the latest multi-criteria technology to reduce nuisance alarms caused by cooking smoke 

If your alarms are less than 10 years old and take alkaline batteries, then put in fresh batteries to be sure you're protected all winter long. And remember to test your smoke and CO alarms once a month to be sure they're working properly. 

Fire and CO Hazards Rise During Heating Season

In an average year, about 54 percent of Massachusetts residential fire deaths take place between November and March, State Fire Marshal Davine said, with home heating equipment being the second-leading cause of house fires in 2025. Carbon monoxide incidents start even earlier as residents start turning up the heat for the first time since summer. 

"Carbon monoxide is a leading cause of accidental poisoning, and heating equipment is the main source of carbon monoxide at home," Chief Nardelli said. "We can't see, smell, or taste carbon monoxide. Working CO alarms on every level of your home are the only way to detect this invisible killer." 

Massachusetts firefighters encountered carbon monoxide hazards at about 5,000 calls last year, State Fire Marshal Davine said. 

Create & Practice a Home Escape Plan

"Changes to building construction and furnishings mean we have less time to escape a fire at home than ever before," said State Fire Marshal Davine. "You could have just three minutes to get out safely."  

"Working smoke alarms and a practiced home escape plan are among the most fundamental and important tools for surviving a fire," said Chief Nardelli. "Be sure everyone in the home knows what to do and where to go when the alarm sounds, including young children, older adults, and persons with disabilities." 

Fire officials recommend planning two ways out of the building, the apartment, and each room if possible. Be sure to select a family meeting spot a safe distance from the building. 

Senior SAFE

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