Page 20 THE EVERETT ADVOCATE – FRiDAy, July 31, 2020 OBITUARIES | FROM PAGE 19 ast and avid Red Sox, Patriots fan. He was an avid player with the Cape Cod Senior Softball League inducted into the 2014 Hall of Fame and was described as an amazing softball player who often competed with players 10-12 years younger yet was one of the best players on his team. He always played with a winning attitude and always had a smile on his face. Joe also enjoyed golfing, fishing and vegetable gardening. In lieu of flowers, please consider donations to American Cancer Society in Massachusetts www.cancer.org/aboutus/local/massachusetts.html. John Francis DeVito, Sr. A ge 80. Invete r ate resident of Everett. Beloved husband of Dolores Loretta (Libassi) of 59 years. Loving father of Maria Magliochetti and her MassPort Noise Complaint Line: 617-561-3333 husband Michael of North Andover, Christine DeMarco and her husband Steven of Everett, Stephanie of Everett, and John Francis DeVito, Jr. and his wife Elizabeth of Burlington. The fifteenth of sixteen children, he is survived by eight brothers and sisters. He is also survived by eight grandchildren: Michael Jr. and fiancée Kristina, and Michaela Magliochetti, Kristin, Steven, Jr., and Sofia DeMarco, John Francis III, Julia and Natalie DeVito. He is also survived by many nieces, nephews and cousins. John, a highly gifted cabinet maker and an immensely loved man will be greatly missed by his extended family as well as innumerable friends. He was a hard-working and energetic man who took great pride in his work, his family and his Italian heritage. He proudly served his country for 7 years in the Army National Guard. In lieu of flowers, donations in memory of John can be made to the American Cancer Society. OBITUARIES | SEE PAGE 21 Space for Lease 3 Large Rooms, each with Large Walk-in Storage Area. or Aerobics Studio. Located at Route 1 South at Walnut Street. Rollerworld Plaza, Route 1 South, 425 Broadway, Saugus. Call Michelle at: 781-233-9507 BUYER2 Arevalo, Alexander Gomes, Ana L Dixon, Jason G Bekele, Bezahiwot Hall, Rose Terpak, Nicholas J Martinez, Julia E Oconnor, Meghan A Li, Siyun SELLER1 Gravell, John J SELLER2 Gravell, Linda M Board of Hearing decision supporting date of deed being the date of transfer ing authority therefore, shall, subject to the limitations of section four, be sufficient, without any other act or ceremony, to convey land.” In Graves v. Hutchinson, 39 Mass. App. Ct. 634,659 N.E. 2nd 2012, 2016, “DelivA Board of Hearing decision rendered on June 17, 2020, confirmed that the date that the deed was executed is to be considered the date of transfer and not the date the deed was actually recorded. MassHealth had denied benefits to the applicant based upon its view that since the deed was actually recorded within five years of submitting the application for MassHealth benefits, a disqualifying transfer occurred. Based upon the value of the transferred asset, the applicant would have a penalty period of 317 days. During that penalty period, no MassHealth benefits would be paid. The applicant transferred her home to an irrevocable trust and reserved a life estate. MassHealth valued the remainder interest transferred into the trust at $116,344. Chapter 183, Section 1 of the Massachusetts General Laws states that “A deed executed and delivered by the person, or by the attorney for the person, havery occurs where the grantor intends the deed to effect a present transfer of the property conveyed, and the grantee assents to the conveyance.” The hearing officer held that since more than five years had elapsed since the applicant had executed the deed, the transfer of the home into the trust was not a disqualifying transfer and not subject to the five year look back period. He went on to say that the applicant’s signature on the deed was evidence that she intended “the deed to affect a present transfer of the property conveyed.” Her son was the trustee of the Trust and by executing the trustee certificate as well as the trust instrument itself, acknowledged his assent to the conveyance. This is an important hearing as well as important case law to remember. Oftentimes, deeds are not recorded right after they are executed. Nonetheless, the transfer, as a matter of law, has occurred as of the date of execution of the deed. This is key when determining whether or not you have satisfied the five year look back period. 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. Like us on Facebook advocate newspaper Facebook.com/Advocate.news.ma REAL ESTATE TRANSAC TIONS Copyrighted material previously published in Banker & Tradesman/The Commercial Record, a weekly trade newspaper. It is reprinted with permission from the publisher, The Warren Group. For a searchable database of real estate transactions and property information visit: www.thewarrengroup.com. BUYER1 ADDRESS 117 Bradford St Quinn, Jason M Hecker, Gavin M Lewis, Debra J Popov, Ivan AV Real Estate 4 LLC Kleinberg, Mona S Reeves, Heather E 210 Broadway #405 117 Central Ave 29 Parker St 33 Ellsworth St 75 Floyd St #77 CITY Everett Everett Everett Everett Everett Everett DATE 10.07.2020 10.07.2020 09.07.2020 08.07.2020 08.07.2020 07.07.2020 PRICE $680 000,00 $670 000,00 $485 000,00 $660 000,00 $765 000,00 $630 000,00
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