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.

Main & Mill: A Vibrant New Restaurant on Main Street

By Breanna SteeleiBerkshires Staff

NORTH ADAMS, Mass. — You can now enjoy another eatery on Main Street by well-known restaurant siblings Colleen and Sean Taylor.

Their restaurant Main & Mill opened for the first time Tuesday, bringing their vision of creating something vibrant and new to downtown North Adams.

"We have created Main & Mill to be part of our day. It's very seasonal ingredients, thoughtful cooking, beauty, beautiful presentation and dishes. And we really wanted to be part of the community, the downtown area, and start a vibrant area on this end, which has been shuttered for a while," said Colleen.

The building is owned by Ginko on Main Street LLC, which has granted 20 years exclusive possession of the property to Latent Builds as the developer. Jack and Suzy Wadsworth, behind Ginko, are development partners with Karla Rothstein and Salvatore Perry of Latent.

The bank closed in early 2021 and was purchased by Ginko late that year. Plans for the property unveiled three years ago envisioned a restaurant, retail, a park and rooftop bar. 

Colleen saw potential and said she initially wanted the building when it first went up for sale. Being good friends with Rothstein and Perry, she helped them design the kitchen and the bar before learning in March that she could lease it as a restaurant space, something she told them would be a great idea.

She said one of the most important things about the restaurant was the collaboration between Rothstein, Perry, and the Wadsworths, who put a lot of time and energy into the building.

"If Sean and I had done it, we would not be able to do what the collaboration supported. The collaboration of the three of us being able to really have that kind of money to put in down here. The design that the architecture firm that Carla and Sal own is stunning," she said. "The time and effort, everyone came together to do this in a really trusting manner."

The two wanted the restaurant to be an all-day venture, so people could eat at any point throughout the day, all week long.

"We wanted it to be open for coffee and socialization in the morning where people can meet, have their cup of coffee, have a quiche, a vegetarian quiche, or croissant or yogurt. Something intentional with their coffee," she said. "Then move into a lunchtime for the downtown business or anybody, and then go into supper, dinner, with drinks later into the evening. So have it really be open all day long, so that there wasn't a void on any particular day."

They also wanted to do something different than the other restaurants they owned.

"We didn't want to mimic any other restaurant in town. We wanted to bring something that was inspiring, something that had some familiar things that people would see, and other things that we would bring to them for them to experience," she said.

As a woman business owner, Colleen said she wanted to bring a female chef into the kitchen. 

Colleen brought on Chef Anna DeRose, who she said puts twists on a lot of her dishes.

"So we have a creme brulee, but our creme brulee is topped with marshmallow," she said. "Our creme brulee is like almost two desserts in one. It's a s'mores creme brulee. So you could have a s'mores, and you could have a creme brulee - but when you put both of them together, fireworks go off."

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