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THE MALDEN ADVOCATE–Friday, January 3, 2025 Page 19 OBITS | FROM PAGE 18 music and church. She was a wellknown local soloist is many local Malden Catholic churches including St. Peter’s, Immaculate Conception, and St Joseph’s Parish. She was a choir member of St. Joseph’s Parish in Malden and she was a life time member of the Robert K. Love Malden High School Alumni Choral Art Society. After being afflicted with the rare disease Scleroderma, she became the Support Group Leader of the New England Scleroderma Support Group helping many people. In 2019 she was awarded the National Support Group Volunteer of the Year. She made many friendships by helping others with the disease throughout the years. She was a member of the Pulmonary Hypertension Support group and longtime member of Catholic Daughters of St Joseph’s. She loved having her pasta ~ Help Wanted ~ Event Coordinator. Plan & execute events incl. logistics, sponsorships, budgets, & marketing. Secure partnerships & deliver creative, high-quality experiences. Req. 4 yrs of exp. in event planning or rel. field. Req. fluent Brazilian Portuguese, written & spoken. $62,800.00/yr. Send resume to: REMIX PRODUÇÕES INC, 173 Water St, Saugus, MA 01906 or email: remixproductions14@gmail.com Lawn and Yard Care SNOW PLOWING *REASONABLE RATES * PROMPT SERVICE * PARKING LOTS USA 781-521-9927 SPADAFORA AUTO PARTS JUNK CARS WANTED SAME DAY PICK UP 781-324-1929 Quality Used Tires Mounted & Installed Used Auto Parts & Batteries Family owned & operated since 1946 SPOUSE ELECTING AGAINST THE WILL a deceased widow or widower. Once made, the claim cannot be n order to help offset the freedom that each spouse has to execute his or her own Will thereby leaving his or her property to anyone he or she wishes, a Massachusetts statute is on the books which gives the surviving spouse an absolute right to set aside or “waive” the decedent spouse’s Will and claim a share of the deceased spouse’s probate estate. This is set forth in Mass General Laws Chapter 191, Section 15. This is a fundamental and important right for the surviving spouse. Consequently, a married individual who is about to execute a Will should have this fact clearly in mind during the initial planning process. Electing against the Will and claiming the statutory share may be made without notice and as a matter of personal privilege. In order to do so, a written waiver and claim form must be filed with the Probate Court within six months of the probate of the Will. The law is very strict in requiring the waiver and claim to be made within the specified time period if it is to be effective. The claim may be made prior to I the probate of the Will. It must be made prior to the death of the surviving spouse because due to its personal nature, it cannot be made by the executor or administrator of withdrawn and must be absolute. No conditions may be attached to it. It is an all or nothing proposition. The right to make the waiver and claim the statutory share will be lost if the surviving spouse accepts any of the benefits under the Will. The surviving spouse can, however, waive the Will and claim a statutory share and yet still serve as Executor of the Will. If , for example, the husband dies leaving children and a wife, even if the husband leaves nothing to his wife pursuant to the terms of his Will, his wife would be able to elect against the Will and claim one third of the estate. If the estate exceeds $25,000, then his wife would receive $8,333 outright and would have the benefit of a life estate in the entire estate above and beyond $25,000 (for example, right to receive income for life from the probate assets that generate investment income). If the husband dies leaving no children but does leave a wife and kindred (blood relationship based upon the law of consanguinity), his wife would be able to claim the first $25,000 plus a life estate in one half of the remaining property. If the husband dies leaving no children and no kindred, his wife would be able to claim the first $25,000 plus one half of the remaining property outright. Prior to 1994, a spouse’s statutory share under MGL chapter 191, Section 15 applied only to the decedent’s “probate” estate. However, in Sullivan v. Burkin, a 1994 Massachusetts Supreme Court Case, the court announced that it would no longer follow the rule in a previous 1945 Massachusetts case, Kerwin v. Donaghy, which denied a surviving spouse any claim against the assets held in a living trust created by the deceased spouse. Therefore, for any living trusts created after January 23, 1984, the Supreme Court takes the position that the surviving spouse’s right to elect against the Will and claim his or her statutory share shall include the right to make a claim against assets held in a living trust created by the deceased spouse wherein the deceased spouse alone retained the right during his or her lifetime to direct the disposition of the trust assets for his or her benefit. The Supreme Court did not clarify whether or not the surviving spouse’s right to claim against assets held in such a living trust would apply to trusts created prior to the date of marriage. The surviving spouse must compare very carefully his or her statutory rights in the “probate” estate (as expanded in the rule set forth in Sullivan v. Burkin) with the testamentary provisions as set forth in the decedent spouse’s Will, and then make a choice whether or not to waive the Will and claim the statutory share. The complexity of making this analysis should not be underestimated. This is an often-overlooked area of the law that allows a surviving spouse left out of a deceased spouse’s Will to seek relief under this statutory provision. Joseph D. Cataldo is an estate planning/elder law attorney, Certified Public Accountant, Certified Financial Planner, AICPA Personal Financial Specialist and holds a master’s degree in taxation. making parties with her children and grandchildren, including friends of her grandchildren, teaching everyone how to make homemade pasta. Family meant everything to Roberta. Everyone she touched felt her love. She lived for her family and looked forward to always spending time together. Funeral from the A. J. Spadafora Funeral Home, 865 Main Street, Malden on Monday January 6th at 9:00am followed by a Mass of Christian Burial celebrating Roberta’s life in Saint Joseph’s Church, 770 Salem Street, Malden at 10:00am. Relatives and friends are respectfully invited to attend. Visiting hours will be held at the funeral home on Sunday from 2:00pm-6:00pm. Interment will be in Woodlawn Cemetery, Everett. In lieu of flowers, donations in Roberta’s memory may be made to the Scleroderma Foundation, 300 Rosewood Dr Ste 105, Danvers, MA 01923 Classifieds Advocate Call now! 617-387-2200 advertise on the web at www.advocatenews.net Call $ $ $ $ Driveways from $35

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