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.

North Adams Council Recognizes Special Olympian, OKs Account Transfers

By Tammy DanielsiBerkshires Staff

Jenna Thomas has participated in the Special Olympics for more than 20 years, earning numerous medals. 
NORTH ADAMS, Mass. — Special Olympian Jenna Thomas was recognized at City Council on Monday for her medal-winning performance at the 2026 games last month in Minnesota.
 
"I think it's so appropriate as I'm about to proclaim Disabilities Pride Month that we recognize and honor Jenna," said Mayor Jennifer Macksey, who had Thomas join her at the podium."
 
Thomas was one of nearly 3,000 athletes who participated in the 2026 Special Olympics, which brought nearly 3,000 athletes from across the country to celebrate the talents, determinations, and achievements of individuals with intellectual disabilities. She won bronze as a member of the Berkshire County Arc Titans bowling team, a fourth in doubles with teammate Katherine Meunier and placed in the top 10 for singles nationally.
 
She's been participating in Special Olympics since her teenage years, competing in cross country skiing, track and field since 2009. Thomas switched to bowling in 2019 and has won gold; she was recognized by the mayor in 2023 for her athletic accomplishments representing Massachusetts and North Adams. 
 
"Look at how beautiful that is — a bronze medal in bowling and placed fourth in the doubles competition, demonstrating her dedication, perseverance, and sportsmanship on the national stage," said the mayor. "She also got to meet the governor's partner, Joanna [Lydgate], who we went out with for ice cream. ...
 
"In returning home, she credited her participation to the friendships she's made and the joy of competing ... her accomplishments are a source of pride for the city of North Adams and should serve as an inspiration for the entire community."
 
The mayor also presented $730,741.06 in end-of-year transfers. These transfers are made from accounts with excess funds to accounts that have gone over. Every line with the exception of snow and ice must be balanced for the end of the year.
 
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