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.

Why the Massachusetts Art Community Is Worth Continued Investment

By James BirgeGuest Column
How do we quantify the value of art on society and culture? Even eye-popping figures, like the $100 million estimate for the jewels stolen from the Louvre, or the record auction last fall that saw a piece by Gustav Klimt sell for more than $236 million can't fully account for the value of the history, stories, and emotions behind the creations themselves. But beyond that, there is a measurable financial, cultural and social benefit of the arts that is often taken for granted. 

Closer to home, arts and cultural production in the Commonwealth of Massachusetts totals nearly $30 billion annually, representing more than 4 percent of the state's economic output, according to the Mass Cultural Council. All told, more than 130,000 jobs are spread across the commonwealth creating a vibrant and thriving artistic community for us all to enjoy. 

Despite the obvious impact, these figures are under threat. A recent survey by MassCreative compiled recent federal cuts to the National Endowment for the Arts, the National Endowment for the Humanities and the Institute of Museum and Library Services and identified 63 grants canceled and $4.2 million in grant funding rescinded across New England so far this year. 

The dollars, of course, are important. But they also only scratch the surface on what they bring to the community. Today, we risk losing part of the culture and identity many now take for granted. 

While others choose to look past these less tangible, but just as vital benefits, we're doing the opposite. Massachusetts College of Liberal Arts is all in to ensure the next generation retains their access to works of art, while also being empowered to create themselves. 

Last fall, MCLA officially broke ground on the new Campagna Kleefeld Center for Creativity in the Arts, which will serve as a new hub for the campus and the local community for arts programming. When complete in fall of 2027, our students will benefit, but so will all of Berkshire County and artists in the surrounding area. 

This exciting new facility is just one of the many forthcomings our region can enjoy in the coming years. Just a few miles away, anticipation builds for the Fall 2027 anticipated opening for the Williams College Museum of Art. Years in the making, the museum likewise grows from an enduring commitment to the arts, both in curriculum and in practice. Exciting times are also underway for the Clark Art Institute with the construction of a new facility to house a collection of 331 works of art, including paintings, sculptures, drawings and other works. Their wing is scheduled for completion in 2028. And listeners will no doubt enjoy the sounds and melodies from Mass MoCA Records, the latest endeavor to foster creativity and artistic pursuits through music launched in October as well. Of course, many are also awaiting the reopening of the Berkshire Museum anticipated this summer, after a tremendous renovation process to rejuvenate the experience for visitors. 

So much time, energy, and yes, dollars, have already been invested in taking these facilities from ideas and sketches and making them reality. But they represent much more than new buildings. They represent new opportunities to cultivate and accelerate the thriving arts community in Massachusetts and the northern Berkshires. 

Art, regardless of the medium, is a reflection of who we are, where we've been, and what we aspire to be. It can be inspired by hopes or fears and chronicle collective triumphs as well as tribulations. The goal of art is not only to document history, but to inspire those positioned to change it and to feel something new or even to provoke us to revisit our own assumptions or misconceptions. 

As unfathomable of a number as $30 billion can seem, boiling down the impact to any number inherently discounts the unknowable downstream effects our graduates will bring to the community and the broader world after they leave our institutions. Likewise, rescinding $4.2 million now removes a huge chunk of that growth potential.  

Justification for making these investments today when simply boiled down to dollars and cents still places us on solid ground strictly from a financial perspective that forgoes all of the intangible, but no less valuable, benefits as well.  

The arts are still worth our support. And our community will be richer for it. 

James Birge, PhD, is president of Massachusetts College of Liberal Arts in North Adams.  

 

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