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.

Companion Corner: Grey Boy at No Paws left Behind

By Breanna SteeleiBerkshires Staff

NORTH ADAMS, Mass. — There's a new cat at No Paws Left Behind looking for his forever home.

iBerkshire's Companion Corner is a weekly series spotlighting an animal in our local shelters that is ready to find a home.

Grey Boy is 10 years old and is a gray and white domestic shorthair.

The shelter's Executive Director Noelle Howland introduced us to him and his long journey to be ready for adoption.

"He's been here a couple months. He was a transfer from a rescue in Bennington. They were out of space, so we had taken him in with a few other cats. So he's been here a couple months. He came in with what we believed was a respiratory infection," she said. "So it took us a little bit to get him ready, and then he also needed a dental. So he has nice, clean teeth. He had some teeth removed, and then he has to go back in and have one more dental. So he'll be all ready to go."

He does have feline herpes, also called feline viral rhinotracheitis, a contagious, common respiratory virus that is not curable but is manageable. It can go into remission but can flare-up in cats under stress. It is not contagious to humans. It's recommended Grey Boy not go to a home with another cat because of the possible stress. He could go home with a cat savvy dog and children.

"It is believed that he does have herpes, feline herpes, so he will, unfortunately, have to be an only cat going home, but he could potentially live with another cat [later] once he gets settled in, just due to stress," Howland  said. "Herpes can become a little bit more active but doesn't stop him from being an active, happy cat."

Grey Boy loves to play with toys and enjoy treats. He would also love to have a window to lounge or bird-watch in.

"He is not afraid of anything. He's very curious, so I'm sure he'd love if you have windows for him to look out of. He still plays, even though he's 10 it does not stop him. So any home would be a good fit for him."

Now that he is ready to be adopted he is excited. When you walk into the room with him he will rub up against your leg introducing himself and asking to be pet.

"Usually, I would say, when you're walking, he'll bonk into you so he might catch you off guard a little bit. He constantly is rubbing against you," Howland said. "He really, I would say he's lazy when you want him to be, and he's active when you want him to be. He'll play with toys. He's usually lounging away. And then when he comes out he'll play. He loves it. So, very friendly, easy going cat."

Because of his herpes, he will occasionally have a sneezing fit he is perfectly healthy and is ready to find his forever family.

"I would say the friendliest, easiest cat you could have. He's just, he's just gonna be a little sneezy sometimes, but that doesn't stop him from doing anything," she said.

Grey Boy's adoption fee is sponsored by Rooted in Balance Counseling LLC.

If you think Grey Boy is your next companion, you can contact the shelter or learn more on the shelter's website.

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