THE EVERETT ADVOCATE – FRiDAy, SEpTEmbER 19, 2025 Page 19 BEACON | FROM PAGE 18 sions are misguided and lead to irresponsible late-night sessions and a mad rush to act on dozens of bills in the days immediately preceding the end of an annual session. During the week of Sept. 8-12, the House met for a total of two hours and 17 minutes and the Senate met for a total of two hours and 52 minutes. Mon.Sept. 8 House 11:05 a.m. to 11:27 a.m. Senate 11:10 a.m. to 11:31 a.m. Tues. Sept. 9 No House session No Senate session Wed.Sept.10 No House session No Senate session Thurs. Sept.11 House 11:34 a.m. to 1:29 p.m. Senate 11:09 a.m. to 1:40 p.m. Fri.Sept. 12 No House session No Senate session. Bob Katzen welcomes feedback at bob@beaconhillrollcall.com Bob founded Beacon Hill Roll Call in 1975 and was inducted into the New England Newspaper and Press Association (NENPA) Hall of Fame in 2019. - 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. MI24P2936GD In the interests of: John Watson, Jr 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 the Mass Dept 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 A.M. on the return date of 10/07/2025. 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: September 9, 2025 TARA E. DeCRISTOFARO REGISTER OF PROBATE September 19, 2025 A Tenants by the Entirety tenancy by the entirety is a special form of joint ownership of real estate available only to a married couple. In a tenancy by the entirety, neither spouse owns a separate interest in the real estate. Rather, each spouse (and both spouses as the marital unit) own the entire interest. Effective February 11, 1980, tenancies by the entirety in Massachusetts underwent radical change by virtue of a statutory amendment. The revision at last brought the statute in line with the concepts of gender equality as they had evolved, at least insofar as marital ownership of property is concerned, as of the final quarter of the 20th century. With the amendment, both spouses are equally entitled to the income from, and to the possession and control of property owned by them as tenants by the entirety, and each has a right to the whole on survivorship. Furthermore, so long as the property in question is the principal residence of the nondebtor spouse, a debtor spouse’s interest in the property held as tenants by the entirety is not subject to seizure or execution by creditors of the debtor spouse. The protection does not extend to collection efforts relating to debts for necessaries furnished to either spouse or to a family member. As to those debts, the statute imposes joint and several liability on both spouses. For any other type of debt, however, a debtor’s property held as tenants by the entirety is not subject to a creditor’s seizure or execution if (a) the property is the principal residence of the non-debtor spouse and (b) the nondebtor spouse has no liability for the debt. Although not subject to seizure and execution, a nondebtor spouse’s interest in the principal residence may be attached by a creditor. The resulting cloud on title creates a practical problem in the face of an upcoming sale or refinance of the property, in effect forcing the nondebtor spouse to negotiate with the creditor prior to the closing of the transaction in order to obtain a release of the attachment. It is important to review the deed to your home in order to determine how title is held. Often, two individuals take title as joint tenants with rights of survivorship or as tenants in common as the home was purchased prior to having been married. In that case, the two individuals can transfer the home to themselves for one dollar after they get married and would then take title as “husband and wife, as tenants by the entirety”. A declaration of homestead could also be recorded at the same time in order to protect up to $1,000,000 in equity in the home in the event of a lawsuit. If both spouses are age 62 or older, each spouse would receive a homestead exemption of $1,000,000 for a total of $2,000,000 of protection. Currently, when the home is transferred into a revocable trust or an irrevocable trust, you are able to receive the benefits of the homestead exemption. The revised homestead law was passed on March 16, 2011. Without the declaration of homestead, there is no asset protection benefit when you simply hold real estate in a revocable trust. There would be asset protection if you place real estate into an irrevocable trust and reserve no rights to receive principal. However, if there is rental property in an irrevocable Trust, for example, a creditor could place a lien on the right to receive the net rental income. At some point in time, the benefits of placing your home in trust along with a declaration of homestead will most likely outweigh the asset protection benefits of tenants by the entirety coupled with a declaration of homestead. Avoidance of probate, estate tax planning and nursing home protection planning are just some of the reasons why you might decide to place your home into a trust. 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.
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