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 Becomes a Purple Heart Community

By Jack GuerinoiBerkshires Staff

Veterans Service Officer Kurtis Durocher, a Purple Heart recipient, tells his own story of how he was wounded in Iraq.
NORTH ADAMS, Mass. — City leaders last week held a ceremony marking the city as a Purple Heart Community to honor local military service members wounded or killed in combat.
 
"This designation is much more than a sign that will stand at the entrances to our city," said Kurtis Durocher, Northern Berkshire veterans service officer at City Hall on Friday. "It is a lasting commitment and a promise to this community. We'll never forget the sacrifices made by those who are wounded or killed while serving our nation. It is a public declaration of the courage and sacrifices of combat wounded. Veterans will always have a place of honor here in North Adams."
 
As a Purple Heart Community, North Adams will place signs throughout the city acknowledging the designation. The city will also hold a ceremony every Aug. 7 on National Purple Heart Day.
 
During the inaugural ceremony, Durocher said he was asked by the Military Order of the Purple Heart to find a keynote speaker for the event, preferably a Purple Heart recipient. But he was unable to find someone willing to speak. With the date approaching, he decided to tell his own story.
 
"I don't like standing up and telling my own personal story ... But I realized, in my position as a VSO, I get so many ... children of veterans who will say, 'I didn't know anything about my father until after he passed because he just didn't talk about it,'" Durocher said. "... I have been that way until I've gotten into this position, and so, now, I try to tell my story as much as I can when it is brought to me."
 
Durocher served in the Army for 20 years and retired as a master sergeant. On Friday, he recalled a time early in his career while serving in the 82nd Airborne Division deploying to Iraq during Operation Iraqi Freedom. On Sept. 12, 2003, his squad was conducting a patrol on Route Irish in Baghdad. He was serving as a gunner on an LMTV when it was struck by a 155-millimeter artillery shell. He said the explosive had been hidden behind a guardrail and detonated using nothing more than a washing machine timer.
 
"In an instant, everything changed. The blast knocked me unconscious. When I regained consciousness, I instinctively was removing my helmet," he said. "Almost immediately my training took over. We had been taught repeatedly that attacks like this were often followed by a secondary attack or an ambush. I quickly put my helmet back on and began searching for my machine gun."
 
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