Page 16 THE EVERETT ADVOCATE – FRiDAy, AugusT 9, 2024 - LEGAL NOTICE - COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT PROBATE AND FAMILY COURT Middlesex Probate and Family Court 10-U Commerce Way Woburn, MA 01801 Docket No. MI02P4148GI1 In the interests of: JOYCE MOTHERWAY Of: EVERETT, MA RESPONDENT Incapacitated Person/Protected Person CITATION GIVING NOTICE OF PETITION TO EXPAND THE POWERS OF A GUARDIAN To the named Respondent and all other interested persons, a petition has been filed by Department of Mental Health of Westborough, MA in the above captioned matter requesting that the court: Expand the powers of a Guardian of the Respondent. The petition asks the court to make a determination that the powers of the Guardian and/or Conservator should be expanded, modified, or limited since the time of the appointment. The original petition is on file with the court. You have the right to object to this proceeding. If you wish to do so, you or your attorney must file a written appearance at this court on or before 10:00 AM on the return date of 08/28/2024. This day is NOT a hearing date, but a deadline date by which you have to file the written appearance if you object to the petition. If you fail to file the written appearance by the return date, action may be taken in this matter without further notice to you. In addition to filing the written appearance, you or your attorney must file a written affidavit stating the specific facts and grounds of your objection within 30 days after the return date. IMPORTANT NOTICE The outcome of this proceeding may limit or completely take away the above-named person’s right to make decisions about personal affairs or financial affairs or both. The above-named person has the right to ask for a lawyer. Anyone may make this request on behalf of the above-named person. If the above-named person cannot afford a lawyer, one may be appointed at State expense. WITNESS, Hon. Terri L. Klug Cafazzo, First Justice of this Court. Date: July 31, 2024 TARA E. DeCRISTOFARO REGISTER OF PROBATE August 9, 2024 LIKE US ON FACEBOOK GRANTS | FROM PAGE 11 ed; this funding lets us follow through on their requests.” “These grants use state resources, municipal support, and community leadership to bring resources to the people who suff er most during heatwaves,” said Everett Community Growers’ Civic Engagement and Advocacy Manager, Nicole Fina. “I look forward to working with the City and with residents to help implement the outdoor cooling solutions they chose for their communities.” Finally, communities are working to manage flooding from intense rainstorms and higher seas. Stoneham is restoring a freshwater wetland to improve fl ooding and habitat near its high school, while Boston and Revere are partnering to manage coastal flooding into neighborhoods around Belle Isle Marsh. “Revere is eager to continue to work with the Boston Planning Department on the regional flood risk reduction planning for Bennington Street/Fredricks Park and adjacent neighbors and businesses,” said Revere’s Open Space and Environmental Planner, Elle Baker. “Using FY24 MVP funds we were able to conduct a thorough alternatives analysis. This follow-on grant will let us select the most eff ective alternative and deliver benefi cial resiliency and outdoor recreation to our communities.” More about the Mystic River watershed The 76-square-mile MysADVOCATE NEWSPAPER FACEBOOK.COM/ADVOCATE.NEWS.MA tic River watershed stretches from Reading through the northern shoreline of Boston Harbor to Revere. “Mystic” is an Anglicized version of the Pequot word missi-tuk (“large river with wind- and tide-driven waves”). Now the Mystic is one of New England’s most densely populated, urbanized watersheds. The Mystic is facing growing climate-related challenges: coastal and stormwater fl ooding, extreme storms, heat, drought and unpredictable seasonal weather. The watershed is relatively low-lying and extensively developed, making it prone to both freshwater and coastal fl ooding. Its 21 municipalities are home to 600,000 residents, including many who are disproportionately vulnerable to extreme weather: environmental justice communities, new Americans, residents of color, elders, low-income residents and employees, people living with disabilities and English language learners. Right to Occupy, Enjoy and Possess Real Estate Held in an Irrevocable Trust A life estate is established when all of the remainder legal interest in a property is transferred to another individual, while the legal interest for life rights to use, occupy, possess, enjoy and receive the income or profi ts from the property is retained by the Settlor/life tenant. A benefi ciary who has the right to live in a house does not have the right to access principal. Even if the lifetime beneficiary/Settlor is also the trustee, and if the trustee decides to mortgage the property to make necessary repairs or to sell the real estate and buy another piece of real estate to be held in the trust as well, that right does not rise to the level of having “access” to the trust principal. The Settlor/lifetime benefi ciary would only possess the right to occupy, enjoy and possess the replacement property and to collect any net rental income generated therefrom (if applicable). Furthermore, if the property is sold and there is no replacement property purchased, and the funds are simply invested, the Settlor/lifetime benefi ciary only has the right to receive the net income generated from the investment. To distribute principal from the trust to himself/herself would constitute a gross breach of his or her fi duciary duty to the remaindermen (the benefi ciaries that would receive the trust principal upon the Settlor’s death). If you happen to actually just have a life estate as reserved in a deed that you transferred to your children, for example, and if the property is sold, a certain portion of the sales proceeds must be allocated to you based upon actuarial tables found in IRS Book Aleph and interest rates found in Internal Revenue Code Section 7520. In that event, these monies allocated to you as a life tenant could be subject to spendown on nursing home care, even if you had deeded the real estate to your children more than 5 years ago. This is one of the benefi ts of the irrevocable trust. If the real estate is sold by the trustee, all of the sales proceeds belong to the trustee and the trustee must follow the terms of the trust exactly. Even if the Settlor is also the Trustee, he or she must follow the terms of the trust and will only have the right to distribute net income to the Settlor/lifetime benefi ciary. The Settlor/lifetime benefi - ciary will have no rights to receive principal. This is your typical “income only” irrevocable trust. As mentioned earlier, there would be a massive breach of the trustee’s fi - duciary obligation to the remaindermen if the trustee were to distribute principal to the Settlor. The bottom line is that we want the trust principal not to be counted for purposes of MassHealth eligibility. The Settlor of the irrevocable Trust cannot receive principal distributions under any circumstances. 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 masters degree in taxation. For Advertising with Results, call The Advocate Newspapers at 617-387-2200 or Info@advocatenews.net
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