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 Planners OK New Event Space for Tourists Resort

By Tammy Daniels iBerkshires Staff

Tourists' owners say they've been in need of a gathering space for years, based on the number of requests they get. 
NORTH ADAMS, Mass. — Tourists Welcome resort was approved on Monday for construction of a building to serve gatherings and the Airport Rooms.
 
"This is our first opportunity to like fix the biggest thing we screwed up in building Tourists, which was not making a big room," said representative Eric Kerns. "The first year we opened, we got 1,200 event requests the first year, and we've continued to have almost 1,000 event requests every year."
 
The 140-seat event building will be constructed adjacent to the Airport Rooms on the east end of the State Road property, which operates at Blackinton Operating LLC. The 91-foot-long structure will include a kitchen to serve both the event space and the Airport Room, which will be connected via an enclosed corridor. Overflow parking will be at the Blackinton Mill, also owned by the partnership, with shuttle service for events. 
 
The new building will be set on piers to minimize excavation and will include a deck that will extend behind the Airport Rooms. The building also will utilize an all-electric mechanical system with high-efficiency heat pumps and energy recovery ventilation.
 
Kerns noted the resort has been erecting tents on that space for events — this will just make the use of the space permanent. He described the trailer being used as a "kitchen" for the Airport Rooms "a very clever two-year solution that has lasted seven years."
 
"It's just been a a real struggle to find a building that we can build that makes the math make sense given current, you know, construction costs we have come across," he said. "We've come upon a design that works for us, and it's really a continuation of the business that we've been doing. This site is where you've probably seen us put up a tent before, so we already have events of this size on the site."
 
Tourists was built as a minimalist resort, with the rooms facing the Hoosac River; the new structure will continue that aesthetic with a blank wall facing the road and large windows looking out on the river. 
 
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