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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Letter: Worked With Both, Voting One

Letter to the Editor

To the Editor:

The question of experience comes up during elections. At nearly 80, John Barrett III unquestionably has more years with nearly half a century as a career politician, but longevity does not guarantee stronger leadership or better outcomes, especially if we are looking forward to 10 years. Andrew Fitch who has worked non-political jobs across a wider range of roles in half that time, can bring broader skills, fresh perspectives, and a more adaptable approach to public service.

Election results show that years served do not define effectiveness or one would have the people's support. The majority, 60 percent, voted against Barrett in this same state primary nine years ago. Longevity matters, but so do community connection, collaboration, and the ability to evolve with changing needs. Serving as a state representative is very different from being a mayor. A representative is one of 160 members, not a singular executive authority, and the role requires coalition building, negotiation, and networking which has never been one of Barrett's finest attributes.

Long-standing community priorities require consistent advocacy, such as completing the North Adams bike path connection to Adams and Williamstown. Former state Rep. Gail Cariddi championed this project, and Barrett said he would finish her work when he first ran, yet North Adams is no further along. In contrast, Fitch on the City Council is respectful but persistent, pushing issues until answers, progress, and resolutions emerge.

We need someone who works well with others, not someone who relies on intimidation or positional authority. A heavy-handed style doesn't work in a large legislative body, with members averaging 30 years younger than Barrett. Small wins may look like progress, but the state distributes billions of which some reaches us no matter who holds the seat. The real question is whether we could secure more funding for roads, infrastructure, public safety, and economic development, or is the status quo of what we received the past 10 years acceptable to you?

Having served alongside both candidates on the council, I've seen how their styles shape outcomes. While one on council struggled to gain support for anything because their authoritarian approach created conflict, the other has consistently moved ideas forward through collaboration and shared credit.

That contrast may explain why Fitch consecutively lands first for City Council elections, and Barrett — despite his years as mayor before losing two elections — finished sixth. For me, the choice is straightforward: Andrew Fitch for State Representative.

Keith Bona
North Adams, Mass. 

Keith Bona is a North Adams city councilor.

 

 

 

 

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