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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Ex-Veterans Clerk Charged With Larceny

By Tammy DanielsiBerkshires Staff
NORTH ADAMS, Mass. — The city's former veterans services administrative assistant was arraigned Friday on larceny charges related to the theft of gift cards donated for local veterans.
 
Tina Samson, 65, pleaded not guilty, was released on personal recognizance and given a pretrial hearing date of Sept. 4.
 
According to a report by Police Detective Matthew Meranti, city officials became suspicious when they learned that Samson had been stopped in Walmart for allegedly trying to shoplift about $200 worth of merchandise. According to the police report, Samson told the store management she worked in Veteran Services and was taking items to support them. Walmart trespassed her from the property but did not press charges.
 
The report does not indicate when the Walmart incident happened but notes that Samson was first queried about the gift cards in October.
 
According to the report, city officials noticed discrepancies in accounting for gift cards donated to or purchased for the Veterans Service Office and contacted Walmart Asset Protection was contacted about four e-gift cards totaling $575 mailed to Samson's city account last year.
 
The cards were loaded into Samson's personal Walmart account, according to the police, and used for clothing, groceries and cash. In one instance, clothing ordered online was shipped to Samson's home address.
 
The police investigation was launched Jan. 13 into the Veterans Services Office, where Samson had worked for 12 years before retiring in December, and a search warrant was issued for her Walmart account connected to her personal email.
 
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