THE EVERETT ADVOCATE – FRiDAy, JAnuARy 6, 2023 OBITUARIES | FROM PAGE 17 Service Information: RelaMASSHEALTH ESTATE RECOVERY T he MassHealth estate recovery claim is a creature of state and federal statute and regulation. Because such claims arise and are enforced under Massachusetts law by the state’s Division of Medical Assistance, state law and administrative practices are of much concern to the general public and to elder law attorneys. The Massachusetts statute specifi es that the state shall recover all MassHealth (Medicaid) benefi ts paid on a recipient’s behalf where the recipient was age 55 or over as of the time of receipt and the services were provided after October 1, 1993. Federal law mandates such recovery as the federal government reimburses the Commonwealth of Massachusetts approximately 50 cents for every dollar expended for such benefi ts. Massachusetts will recoup all MassHealth benefits paid on the recipient’s behalf, regardless of the service for which it was paid and regardless of whether the recipient lived in the community or was institutionalized in a long-term care facility. It is irrelevant whether the payments were for nursing home care, prescription drugs, hospitalization for a particular illness, a Medicare co-payment for an indigent elder picked up by MassHealth or visiting nurse services to keep the elder at home. Since 1989, the general rule in Massachusetts has been that a creditor of the estate must bring his or her claim by filing suit within one year of the decedent’s death, or the claim is barred. Even after the year has passed, however, the Division of Medical Assistance (DMA) can still protect its claim by fi ling it within four months of the fi duciary’s appointment. In short, the crucial deadline for Medicaid claims is the later of one year from the date of death or four months from the fiduciary’s appointment. The DMA would bring suit against the estate’s executor or administrator in a court of competent jurisdiction. The DMA’s chosen forum is the Boston Municipal Court. Previous proposed legislation by the Romney administration had sought to expand estate recovery to include assets beyond the decedent’s probate estate. The law has been that only assets that were in the MassHealth recipient’s name at the time of his or her death were subject to estate recovery (i.e. the recipient’s probate estives and friends are invited to attend an hour of visitation in the Bisbee-Porcella Funeral Home, 549 Lincoln Ave., Saugus on Tuesday, January 10th from 10 – 11 a.m. followed by a funeral service in the funeral home at 11 a.m. Interment in Woodlawn Cemetery in Everett. For directions and condolences visit www.BisbeePorcella.com. Donations in Ralph’s memory may be made to the Salvation Army at give.salvationarmyusa.org. O Page 19 Diane M. (Cafarella) Pesce f Melrose, formerly of Everett, passed peacefully December 24, 2022. Beloved wife of Joseph Pesce for 39 years. Daughter of the late Louise (Mosca) and Joseph Cafarella. Dear and devoted mother of Joseph Pesce of Allenstown, NH, and Nicole Pesce of Melrose. Sister of Joseph Cafarella of Everett, Frank Cafarella of Everett and Catherine Cafarella of Saugus. Loving grandmother of Cora Pesce and Maximus Pesce. Also survived by many nieces and nephews.Relatives and friends are respectfully invited to Diane’s visiting hours at Boston Cremation, 287 Main St, Malden, MA 02148 on Friday January 6th from 10a.m.12:00p.m. For Advertising with Results, call The Advocate Newspapers at 617-387-2200 or Info@advocatenews.net From all of us at Carpenito Real Estate... tate). The Romney administration attempted to expand estate recovery to include virtually all property interests possessed by the MassHealth recipient at the time of his or her death such as life insurance, life estates, jointly owned property, living trusts, tenants by the entirety, IRA’s, 401(k)’s, etc. Those attempted expanded recovery rules were slated to take eff ect on January 1, 2004. Subsequently, the state legislature delayed implementation until July 1 of that year as a result of heightened pressure from many elder lobbyist groups, the Mass Chapter of the National Academy of Elder Law Attorneys and the elderly population itself. Then, our state legislature went a step further by repealing the expanded estate recovery provisions altogether. Expanded estate recovery is not law today in Massachusetts. It is still very important to keep in mind that you should try to avoid probate if at all possible. Even an untimely death at a younger age might lead to a massive estate recovery claim against your probate estate if you had been receiving MassHealth benefi ts after having reached 55 years of age. At the present time, expanded estate recovery is not on the horizon. That’s a good thing insofar as asset protection is concerned. Nonetheless, dying with a probate estate might result in much more than the cost of probate itself. It could very well result in an obligation for the Personal Representative of the estate to repay a very large lien assessed by the Estate Recovery Unit. Joseph D. Cataldo is an estate planning/elder law attorney, Certifi ed Public Accountant, Certifi ed Financial Planner, AICPA Personal Financial Specialist and holds a master’s degree in taxation. 335 Central Street, Saugus, MA 01906 (781) 233-7300 View all our listings at: CarpenitoRealEstate.com EVERETT HOUSING AUTHORITY MAINTENANCE MECHANIC GRADE II/PLUMBER The Everett Housing Authority seeks qualified applicants with a minimum of four (4) years’ experience in all areas of building maintenance. Qualified applicants must have strong mechanical ability and knowledge of plumbing, heating, HVAC and basic electrical systems. A Massachusetts Plumber’s License is required. Applicants must also have a valid Massachusetts Driver’s License and access to reliable transportation. The wage rate for this position is $36.29/hr., with an excellent benefits package. Submit resume and cover letter to SKergo.eha@comcast.net or Stephen Kergo Executive Director, Everett Housing Authority, 393 Ferry Street, Everett MA 02149. Everett Housing Authority is an Affirmative Action/Equal Opportunity Employer. January 6, 13, 2023 EVERETT HOUSING AUTHORITY LEASED HOUSING ASSISTANT Everett Housing Authority seeks applicants for a part-time position with administrative office experience. This part-time position will provide office support of the general, day-to-day administrative and clerical tasks related to the Leased Housing department. Must be proficient in the use of Microsoft Word, have accurate keyboard and numeracy skills. A high school diploma or equivalent is necessary. The ideal candidate possesses the ability to work with, and respect individuals of varied social, income, and ethnic backgrounds. Bilingual in Haitian Creole or Spanish is desirable. The wage rate for this position is $24.60 maximum 18hrs/wk. with no benefits. Submit resume and cover letter to Roberta Correale, Assistant Director, Everett Housing Authority, 393 Ferry Street, Everett MA 02149 or email rcorreale.eha@comcast.net. Applications accepted until the position is filled. Everett Housing Authority is an Affirmative Action/Equal Opportunity Employer. January 6, 2023
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