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.

Key West Bar Gets Probation in Underage Incident

By Tammy Daniels iBerkshires Staff
NORTH ADAMS, Mass. — Key West is on probation for the next six months after an incident of underage drinking back in November. 
 
The License Commission had continued a hearing on the bar to consult with the city solicitor on whether charges could be brought. The opinion was that it was up to the District Attorney. 
 
Chief Mark Bailey at Tuesday's commission meeting said he did not believe criminal charges applied in this instance because no one at the bar "knowingly or intentionally" supplied the alcoholic beverages. 
 
"I feel that the bartender thought that the person was over 21 so it's not like she knowingly provided alcohol to them, to a person under 21. She just assumed that the person at the door was doing their job," he said. "So I don't feel that we can come after them criminally, or the bartender or the doorman, because the doorman did not give them alcohol."
 
The incident involved two 20-year-old men who had been found inside the State Street bar after one of the men's mothers had first taken him out of the bar and then called police when he went back inside. Both times, it appeared neither man had been carded despite a bouncer who was supposed to be scanning identification cards. 
 
The men had been drinking beer and doing shots. The chief said the bouncer was caught in a lie because he told the police he didn't recognize the men, but was seen on the bar's video taking their drinks when police showed up. 
 
Commissioner Peter Breen hammered on the point that if the intoxicated men had gotten behind the wheel of their car, a tragedy could have occurred. He referenced several instances of intoxicated driving, including three deaths, over the past 15 years — none of which involved Key West. 
 
View Full Story

More North Adams Stories