Be careful when naming beneficiaries

Print Story | Email Story
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.

Friday Front Porch Feature: A Charming House Like New

By Breanna SteeleiBerkshires Staff

The home prior to renovations.

NORTH ADAMS, Mass. Are you looking for a newly renovated home with great space? Then this might be the perfect fit for you!

Our Friday Front Porch is a weekly feature spotlighting attractive homes for sale in Berkshire County. This week, we are showcasing 100 Autumn Drive.

This three-bedroom, two-bathroom split level was built in 1965 and is 1,396 square feet on 0.32 acres.

The house was completely renovated recently. It includes a one-car garage, and comes with appliances including a dishwasher and stove/oven, and other major appliances.

The house is listed for $359,500.

We spoke with owners Michael Zeppieri and Chris Andrews, who did the renovations. Zeppieri is an agent with Alton and Westall Real Estate Agency.

What was your first impression when you walked into the home?

Zeppieri: I purchased this home to do a full renovation flip and saw tremendous potential in this mid-century split level home that had not been updated since it was built in the 1960s, in a great North Adams neighborhood.

 

Andrews: The house was a much different house when we first purchased it in 2022 (photo attached is from about 2010.)  The interior was painted all in dark colors and we brightened it up with neutral colors. The transformation makes you feel like you are in a totally different house.  

 

 

What were the recent renovations, any standout design features?

 

Zeppieri: The house has had a complete reconfiguration including new kitchen with high-end appliances, ceramic tiled baths, hardwood floors, new windows and roof ... just to name a few.  All a buyer has to do is move in and enjoy.

 

Andrews: Yes, we renovated the entire house.  New windows, new roof, all new custom black gutter system, new blacktop driveway, hardwood floors were installed through out the house. New kitchen and bathrooms as well as painting the exterior and interior of the house.  New paver patio in the back yard.

 

What kind of buyer would this home be ideal for?

 

Zeppieri: The buyer for this home could be a first-time homebuyer or a retiree ... the location is close to attractions in North Adams ... and the property is located in Autumn Heights, which is a very small residential development with several long-term owners.

 

Andrews: This home is truly ideal for a variety of buyers. Whether a first-time homebuyer, a small family or even someone looking to downsize from a larger home.

 

 

What do you think makes this property stand out in the current market?

 

Zeppieri: The location, price and move-in condition of this home make it a true market leader in the North Adams Market.

 

Andrews: This house is completely renovated and in a desirable location of North Adams. The natural light in the home really makes the interior pop. And with all the upgrades the home stays quite cool in the summer months.

Do you know any unique stories about the home or its history?

Zeppieri: This home was built for the Gould family in 1969 and they lived there till 2010. It was always a family home during that time in which the Goulds had two children ... and Virgina Gould managed Mohawk Forest Apartments and was a very active resident of North Adams.

 

Andrews: Built in about 1965.

 

What do the current owners love about this home?

 

Zeppieri: As the current owner it was a fun project to transform this home and get it ready for its next adventure with a new family to enjoy for many years.

 

Andrews: No one has lived in the house since we purchased the home. The new owners would be the first to live in the house since the renovations have been completed.

 

 

What would you say to a buyer trying to imagine their life in this space?

 

Andrews: I would suggest seeing the house either on a sunny day or at twilight to really get a vision of how special the home feels.  

 

You can find out more about this house on its listing here.

*Front Porch Feature brings you an exclusive to some of the houses listed on our real estate page every week. Here we take a bit of a deeper dive into a certain house for sale and ask questions so you don't have to.

 

 

 

 

View Full Story

More North Adams Stories