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.
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Weekend Outlook: Mother's Day & More
By Breanna SteeleiBerkshires Staff
Check out the events happening this weekend including fishing, plays, and more.
Final weekend to walk the grounds of Naumkeag and see the thousands of flowering bulbs. Timed tickets must be purchased in advance and will not be sold on-site.
'Big Fish'
Taconic High School, Pittsfield
May 8, 9, 14, 15,16. Times vary at 2 and 7 p.m.
The Taconic Theater department stages "Big Fish," a musical about son who goes on an adventure to find the truth about his father's wild and unbelievable stories.
'The Prom Musical'
Berkshire Community College
Showings Friday through Sunday
A small-town prom is getting too much attention when a student wants to bring her girlfriend as a date. A troupe of Broadway stars arrive in the conservative community out on a mission to help in this musical comedy.
Baby Animals
Hancock Shaker Village, Pittsfield
Time: 11 to 4, through May 10
A sure sign of spring is the arrival of baby animals at Hancock Shaker Village in Pittsfield. See lambs, piglets, calves, chicks and kids and enjoy events and activities throughout the Village, from daily talks about the farm and the Shakers to craft demonstrations to walks along the Farm & Forest Trail.
Admission is $8 to $20, free for children 12 and younger. More information here.
Friday
Night of Dreams Fundraising Gala: Berkshire Dream Center
Berkshire Hills Country Club, Pittsfield
Time: 6 to 9 p.m.
This annual gala is a major fundraiser for the nonprofit Berkshire Dream Center. Enjoy dinner, music, a silent auction, and more.
Mass Kids Lit Fest
Berkshire Athenaeum, Pittsfield
Time: 10:30 a.m.
Children's author Carol Munro will do a "Springtime Storks" storytime, based on a true story of resilience and love between two migrating birds. Children will have the chance to create their own stork hand puppets and learn more about storks.
Local historian and Historical Commission Chair Dustin Griffin will speak on the politics and leaders of Williamstown at the start of the Revolution. The museum is at 32 New Ashford Road.
Waste treatment plan supervisor Brad Furlon warned the Finance Committee last week to expect a future 500 percent increase in sludge disposal.
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The fund had grown immensely over the past 25 years, raising some $1.75 million during that period. But the 1960s would see the fund grow even more in both fundraising and the agencies it supported. click for more