THE REVERE ADVOCATE - Friday, June 14, 2019 Page 23 Revere resident named to Fitchburg State Dean’s List FITCHBURG – Fitchburg EXERCISE OF POWERS OF APPOINTMENT ceived outright or in further Trust. O ften times, an individual may wish to have the right to control the ultimate distribution of a Trust. This is called a power of appointment. Powers of appointment are often included in Trust documents in order to create greater flexibility in a multigenerational estate plan. As an example, a husband may die leaving property in Trust for the benefi t of his spouse. The terms of the Trust may provide that, upon the death of the surviving spouse, the remaining Trust principal will be distributed to the husband’s children. The terms of the Trust may also contain a power of appointment provision wherein the surviving spouse has the right to exercise this power of appointment via her Last Will and Testament thereby allowing her to redirect the ultimate distribution to only one child of the husband as opposed to all of his children and/or the right to determine whether or not the Trust principal will be reAnother example would be if a daughter was named a lifetime income benefi ciary of her parent’s living Trust. This Trust might contain a power of appointment provision allowing the daughter to exercise it via her Last Will and Testament. A specific provision must be included in her Will in order to exercise the power of appointment thereby appointing (distributing) the Trust principal to her spouse, her children, or even a charity. As part of the estate planning process, it is important to ascertain whether someone holds any such power of appointment as contained in a living trust (revocable or irrevocable) and, if so, to make sure that the power of appointment is exercised via the Last Will and Testament, if that person’s wish is to indeed exercise the power, or to at least confi rm with the holder of the power that he or she does not wish to exercise the power. A power that may be exercised via one’s Last Will and Testament is referred to as a testamentary power of appointment. The holder of the power is also called the donee of the power or the power holder. The exercise of the power of appointment would occur once the Will is submitted to a probate court and allowed. Joseph D. Cataldo is an estate planning/elder law attorney, Certifi ed Public Accountant, registered investment advisor, AICPA Personal Financial Specialist and holds a masters degree in taxation. Revere resident named to President’s List at Fitchburg State FITCHBURG – Fitchburg State University President Richard S. Lapidus has that Madison Yeomans of Revere was included on the President’s List for the spring semester. The President’s List honors students for consistently high academic achievement. A student is named to the list after achieving a 3.75 average in each of three successive semesters. Fitchburg State University enrolls 7,000 day and evening students in more than 50 programs of study. The university was established in 1894. Revere resident named to Dean’s List at University of New Haven WEST HAVEN, Conn. – Donald Willyard of Revere was named to the Dean’s List at the University of New Haven for the spring semester, 2019. The University of New Haven, which was founded on the Yale campus in 1920, is a private, coeducational univerFor great advertising rates in Everett, Malden, Revere and Saugus, email: jmitchell@ advocatenews.net sity situated on the coast of southern New England. It’s a diverse and vibrant community of more than 7,000 students, with campuses around the country and the world. J& S LANDSCAPE & MASONRY CO. MULCH SALE! Discount Spring Special PICK-UP or DELIVERY AVAILABLE 617-389-1490 Premium Hemlock or Pitch Black BELOW WHOLESALE COSTS LANDSCAPERS WELCOME $4 yd. $3 yd. Good Credit or Bad Credit ~ Legal Notice ~ City of Malden seeks applicants for Department of Public Works Operator Heavy Motor Equipment The City of Malden seeks candidates for the position of Heavy Motor Equipment Operator in the Highway and Water Division of the Department of Public Works. 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