Page 26 THE EVERETT ADVOCATE – FRIDAY, OCTOBER 9, 2020 OBITUARIES | FROM PAGE 22 Bernadin Etienne 62 of Peabody formerly of Everett passed away on September 21 by accident.Bernadin was the son of Mathieu Etienne Sr. and Anastasie Millien, both deceased, was born in Port-au-Prince Haiti, on June 1st, 1958. After spending his childhood in Haiti, at age 14 in 1972, Bernadin Etienne joined his parents and older siblings in the United States in Brooklyn New York. He attended Erasmus High School and Staten Island Community College. Samantha Etienne. In 2018, he married Patricia (nee Estinvil). He worked for the MBTA for 18 years and was well liked by his colleagues. Bernadin had a generous and kind heart. He was an avid lover and player of soccer in his younger days. Most notably, in the 80’s he played soccer for the Brooklyn team Zenith and later Staten Island College. To many people and his teammates, he was intimately known as Big Ben. In his youth, on the soccer fi eld he was always in good physical condition and had stamina for the position he played. He was relentless in playing the midfi eld position. What he lacked in technique, he made up for it in physical prowess. His ability to instill confi dence in his teammates, hard work and inner desire to be on the winning team made everybody want to have “Big Ben” on their team. Ben’s most distinguished attribute was the fact that he gave friendship and goodwill to all.. He will be remembered for always knowing how to crack a good joke, talk about sports and enjoying a good Haitian meal (legume being his favoritenan ti bol). Bernadin is survived by his wife Patricia (Estinvil) Etienne.; a daughter, Samantha Etienne; two brothers, Leonard and Mathieu, Jr.; two sisters Marie Suzette Dorce and Christine Etienne; nieces and nephews, Robin, Rachelle, Fayola, Samori, Anastasia, Brianna, Myalana, Emmaline, and Alexandre. RESERVED SPECIAL POWERS OF APPOINTMENT Often times, individuals decide to transfer assets in order to protect them against a possible nursing home stay. Due to the risk of losing assets, transfers often occur prior to when the transferor would prefer. An often-used technique used in drafting to create a bigger incentive for such transfers is the insertion of a provision in a deed or in an irrevocable Trust reserving a limited or special power of appointment (SPOA). A SPOA is a power which enables someone at a later date to change the original disposition of the real estate if a deed is the relevant document or the Trust principal if an irrevocable Trust is the relevant document. The SPOA is reserved by the individual transferring an interest in real estate or transferring any type of property to an irrevocable Trust. In 2017, the Massachusetts Appeals Court in the case of Skye v. Hession held that a deed containing such a reserved SPOA was a valid transfer. The remainder person (the person receiving the Trust principal upon the death of the lifetime beneficiary or the person who the real estate was deeded to) has a vested remainder interest subject to divestment. If the SPOA is never exercised, the remainder person will end up taking title as originally planned. The pure definition of a SPOA is that it cannot be exercised in favor of the person creating the power, his creditors, his estate, or the creditors of his estate. This is important for MassHealth purposes in order to not have the underlying asset(s) countable for eligibility purposes. The MassHealth applicant’s spouse should also be excluded as a person who might benefit from the exercise of the SPOA. As long as the property in question is vested in persons other than the applicant or spouse, and as long as neither of them have any power to revest the property in themselves, the property should be deemed transferred for purposes of beginning the five year look back period. If nursing home level care is not needed within five years from the date of transfer, the property should be protected. Furthermore, any subsequent exercise of the SPOA itself after the five- year period has elapsed should in no way create any additional period of MassHealth ineligibility. Rockport - $599,000 38 Main St., Saugus (617) 877-4553 mangorealtyteam.com gy Saugus - $979,000 COMMERCIAL USE Fluent in Chinese, Cantonese and Italian! ~ Meet Our Agents ~ Sue Palomba Barry Tam Lea Doherty Patrick Rescigno Rosa Rescigno Carl Greenler Call (617) 877-4553 for a Free Market Analysis! NEW LISTING! JUST SOLD! JUST SOLD!
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