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.

Moresi Companies Settle Discrimination Allegations

Staff Reports
NORTH ADAMS, Mass. — A local developer and property management company has agreed to pay $40,000 to settle fair housing complaints on its properties. 
 
Moresi Commercial Investments LLC and Moresi & Associates Property Management LLC, owned by David Moresi, were alleged to have discriminated against families with children in renting out apartments at 262-268 Ashland St. and 16 and 20 Blackinton St.
 
The allegations are that the apartments were being advertised as "student housing" and that inquiries from "testers" stating they had children were referred to other apartment listings. Fair housing laws prohibits discrimination, including refusing to rent to families with children or to students. 
 
Moresi has denied the allegations but agreed, according to the agreement, to "enter in this assurance in order to resolve this matter without further costly and time-consuming litigation." The company also agreed to adopt a non-discrimination policy, have employees attend trainings on fair housing rules and to inspect for and abate any lead hazards. 
 
The Ashland Street property was sold last October and the Blackinton buildings last August. 
 
All of the buildings are located in the neighborhood of Massachusetts College of Liberal Arts, which has historically catered to students. That's changed somewhat in recent years, particularly with the well-known Boardman building being converted into recovery housing. An editorial in the college's Beacon newspaper last year lamented the lack of affordable off-campus housing for students and noted Moresi's apartments were no longer available. 
 
The investigation in Moresi's rentals dates to 2018, when the Massachusetts Fair Housing Center conducted three tests. The first tester inquired about a three-bedroom apartment for themselves and roommates and the second for a couple with a 3-year-old child. The second was told the apartment would not be suitable because of college students on the property and was directed to units in Adams and Williamstown.  
 
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