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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WWII Soldier Coming Home Friday


Bernard Calvi
NORTH ADAMS, Mass. — A World War II hero will be returning to the Berkshires on Friday night, 82 years after he died as a prisoner of war in the Philippines.
 
Pvt. First Class Bernard Calvi's body will arrive from Hawaii on Friday and will be taken to Paciorek Funeral Home in Adams that evening. 
 
A welcome home standout will take place on Hoosac Street in Adams beginning at 8 p.m. Calvi is set to arrive at Bradley International Airport in Connecticut at approximately 6:40 p.m. and arrive at Paciorek Funeral Home about 8:20. 
 
Calvi had enlisted in the Army Air Forces in September 1940. He and William P. Gilman Jr. of North Adams, good friends and classmates, had been stationed in the Philippines with the 17th Pursuit Squadron five weeks before Imperial Japan launched its attack against United States and Allied installations across the South Pacific. 
 
They disappeared after the fall of Corregidor, an island in Manila Bay to which U.S. forces had retreated, in May 1942. Calvi's parents, Lena and Joseph of Quincy Street, were informed in 1945 that their son had died July 16, 1942, at Cabanatuan Prison Camp after surviving the Bataan Death March. Gilman died a month later.
 
Some 2,800 prisoners died in the camp after suffering from starvation, disease and dysentery. They were buried in makeshift communal graves, which made identifying and recovering remains after the war difficult, according to the Department of Defense's POW/MIA Accounting Agency. 
 
DPAA is tasked with recovering American service members missing in action and had played a key role in the recovery of Pvt. First Class Erwin S. King of Clarksburg from Guadalcanal. King was buried at Southview Cemetery on Sept. 24. 
 
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