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.

Berkshires Remember First Responders, Military Personnel Lost at 9/11 and Aftermath

By Jack Guerino & Brittany PolitoiBerkshires Staff

North Adams Mayor Jennifer Macksey, with Fire Chief Brent Lefebvre speaks at Friday's memorial. 

NORTH ADAMS, Mass. — The county's two cities held memorials on Friday morning to mark the 25th anniversary of the Sept. 11 terror attacks. 

Great Barrington was scheduled to hold a dedication of piece of steel from the World Trade Center at 6 p.m.

North Adams held its ceremony in the fire station's side garden starting at exactly 8:46 a.m., the time Flight 11 crashed into the World Trade Center's North Tower.
 
The small square of grass was packed with police officers, firefighters, wire and alarm personnel, dispatchers, and Northern Berkshire EMS employees, and city employees, officials and community members. 
 
After the ceremonial tolling of the bell, an honor guard presented the colors.
 
Mayor Jennifer Macksey said it felt odd welcoming people to a very solemn event.
 
"What happened 25 years ago put a mark on emergency services. It put additional pressure on police, fire, EMS, and dispatchers," Macksey said. "While we remember those who lost their lives during 9/11, and those who ran to help as many as they could during 9/11, we have to pause and appreciate those who continue to serve despite that awful threat that occurred 25 years ago."
 
She said it was a direct attack on the United States and all of its people.
 
"It was a question of our freedoms and our ability to be safe in our communities," the mayor said. "I can say today that here in North Adams, it could happen to us, but I know with the professionalism of our Fire Department, Police Department, EMS, and our dispatch team, we are a better community; we are a safer community than we were 25 years ago."
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