THE EVERETT ADVOCATE – FRiDAy, JunE 7, 2024 Page 23 ~ Legal Notice ~ COMMONWEALTH OF MASSACHUSETTS Massachusetts Anti-Lapse Statute W hen it comes to a well-drafted Last Will and Testament, the drafter should always specify whether a legacy will lapse if the beneficiary does not survive the testator, and whether there is an alternate beneficiary in default. It is also a very good idea to have contingent beneficiaries on your IRA, 401(k), life insurance policy, annuity policies, etc. Under Massachusetts General Laws (MGL) Chapter 190B, Section 2-603, commonly known as the “anti-lapse” statute, if a legacy is to a grandparent or a lineal decedent of a grandparent of the testator, and that beneficiary predeceases the testator, the issue (i.e. children or grandchildren) of the deceased beneficiary will take the legacy. If they are all of the same degree of kinship, then they will all take equally. If they are not all of the same degree of kinship, those of the more remote degree take by right of representation. Lineal descendants of a grandparent include adopted children. If a beneficiary is “not” related by blood or adoption to the testator, and there is no alternate taker in default, the legacy will “lapse” and fall into the residue of the estate. Wellman v. Carter, 286 Mass. 237, 255 (1934). Under MGL Chapter 190B, Section 2-604(b), if a residuary gift to a residuary beneficiary fails, then such share will pass to the other residuary beneficiaries proportionally. As is usually the case with statutory presumptions, the statutory presumptions found in the anti-lapse statute are designed to approximate what the legislature believes the testator’s intent most likely would have been if the testator had specifically addressed the subject. It is better practice in drafting a Will to specify, for each gift, whether the gift is to pass to the beneficiary’s issue if the beneficiary does not survive the testator, or whether the gift is to be only “if he or she survives me”. Issue would include children and grandchildren. For example, “I give the sum of $100,000 to Davie Crocket, if he survives me”. If Davie does not survive the testator, the $100,000 legacy will lapse. The testator could also include the following provision: “I give the sum of $100,000 to Davie Crocket, if he survives me. If Davie Crocket is not living at the time of my death, I give the sum of $100,000 to his children who survive me, the issue of any deceased child to take their parent’s share by right of representation”. If Davie does not survive the testator, and has one son living at the time of his death, his son will receive the $100,000 legacy. If both Davie Crocket and his son are not living at the time of the testator’s death, but Davie’s grandson is living, his grandson will receive the $100,000 legacy. In this instance the gift will not lapse and fall into the residuary estate. The residuary estate is that part of the testator’s estate that is not specifically bequeathed or devised to an individual or entity or that part of the testator’s estate that includes bequests or devises to individuals or entities that have “lapsed”. Right of representation (or “per stirpes” as the two phrases are used interchangeably) means that each “branch” of your descendants will share equally. For example, if you die having had three children, with one child having 2 children, one child having 3 children and the third child having 4 children, but one child had predeceased you, your estate will still be divided equally among 3 “branches” or “stalks”. If the child who predeceased you was the one with 4 children, his 4 children will share equally in 1/3 of the estate. Joseph D. Cataldo is an estate planning/elder law attorney, Certified Public Accountant, Certified Financial Planner, AICPA Personal Financial Specialist and holds a masters degree in taxation. SALE OF REAL ESTATE UNDER M.G.L.c.183A:6 By virtue of Judgment and Order of the Malden District Court (Docket No. 2350CV000554), in favor of TRUSTEES OF THE CENTRAL COURT ASSOCIATION, INC. against MAJID SHEIKN establishing a lien pursuant to M.G.L.c.183A:6 on the real estate known as UNIT #1-18, of the CENTRAL COURT CONDOMINIUM ASSOCIATION, INC. for the purposes of satisfying such lien, the real estate is scheduled for Public Auction at 11:00 a.m. O’CLOCK ON THE 12th DAY OF JULY, A.D. 2024, AT UNIT 1-18, 12 WOODLAND STREET, EVERETT, MASSACHUSETTS. The premises to be sold are more particularly described as follows: The following premises in Central Court Condominium, Middlesex County, in Everett, created by Master Deed dated July 6, 1987, recorded with the Middlesex South District Registry of Deeds in Book 18305, Page 49, as amended of record, being Unit Number 1-18in Building 1, Phase IV, together with an undivided .979% interest appertaining to said Unit in the common areas and facilities of said Condominium, and subject to and with the benefit of the provisions of said Master Deed hereabove referred to. The Post Office address of the Property is: 12 Woodland Street, Unit 1-18, Everett, MA 02149. For Grantor’s title see deed to Majid Shaikn dated January 17, 2012 and recorded with the Middlesex County South District Registry of Deeds in Book 58308, Page 171. In the event of a typographical error or omission contained in this publication, the description of the premises contained in said Unit Deed shall control. TERMS OF SALE: 1. A non-refundable deposit payable in cash, certified or bank check in the amount of Five Thousand ($5,000.00) Dollars for the unit shall be payable at the Auction. 2. The balance of the purchase price is to be paid within thirty (30) days of the auction. 3. An Auctioneer’s Release Deed will be issued to the purchaser, upon payment of the balance of the purchase price, within thirty (30) days of auction. The Deed shall convey the premises subject to, and with the benefit of, all restrictions, easements, improvements, outstanding tax titles, municipal or other public taxes, assessments, liens, or claims in the nature of liens, and existing encumbrances of record senior to the lien, whether or not reference to such restrictions, easements, improvements, outstanding tax titles, municipal or other public taxes, assessments, liens or claims in the nature of liens or encumbrances is made in the deed. 4. Additionally, and not by way of limitation, the sale shall be subject to and with the benefit of any and all tenants, tenancies, and occupants, if any. 5. No representation is or shall be made as to any amount of taxes due and outstanding. 6. The successful bidder shall pay the future condominium common charges commencing with the date of the auction. 7. No representation is or shall be made as to any other mortgages, liens, or encumbrances of record. 8. No representation is or shall be made as to the condition of the Premises or the Condominium. The Premises shall be sold “as is”. 9. Other items, if any, shall be announced at the sale. 10. The sale is subject to and in accordance with the Judgment and Order, a copy of which may be obtained from the seller’s counsel, Attorney Pamela M. Jonah, Marcus, Errico, Emmer & Brooks, PC, 45 Braintree Hill Office Park, Suite 107, Braintree, MA 02184, (781) 843-5000. CENTRAL COURT CONDOMINIUM ASSOCIATION, INC., For the Trustees, By its Attorneys MARCUS, ERRICO, EMMER & BROOKS, PC __________________________________ Pamela M. Jonah, Esq. BBO#567289 45 Braintree Hill Office Park, Suite 107 Braintree, MA 02184 (781) 843-5000 June 14, 21, 28, 2024
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