Page 18 THE MALDEN ADVOCATE–Friday, January 6, 2023 Subscribe to the Advocate Online! www.advocatenews.net City of Malden Community Preservation Committee Monthly Meeting and Public Hearing Agenda Wednesday, January 18, 2023, 6:00 PM Monthly Meeting and Public Hearing Hybrid Meeting City Hall, Room #108, 200 Pleasant Street, Malden MA (in person) Live streamed via Zoom (virtual) On June 16, 2022, Governor Baker signed into law An Act Extending Certain COVID-19 Measures Adopted During the State of Emergency. This Act includes an extension, until March 31, 2023, of the remote meeting provisions of his March 12, 2020, Executive Order Suspending Certain Provisions of the Open Meeting Law. This meeting will be conducted in person and via remote participation. This meeting may include in person attendance by members of the public and via remote access by internet or telephone. Public access will also be provided by posting draft minutes, and/or a transcript, recording, or record of the meeting on the City of Malden website at cityofmalden.org as soon as practicable after the meeting. Additional information/guidelines for the public can be found here: https://www.mass.gov/service-details/updated-guidance-on-holdingmeetings-pursuant-to-the-act-extending-certain-covid-19-measures. Members of the public who wish to attend remotely can do so using the following information: https://cityofmalden.zoom.us/j/98138160502 Webinar ID: 981 3816 0502 Or join by phone from the US: +1 646 518 9805 or +1 929 436 2866 If you would like to request a reasonable accommodation, please contact Maria Luise, ADA Compliance Coordinator at mluise@cityofmalden.org or 781-397-7000, Ext 2005 Agenda 1. Call to Order/ Roll Call 2. Public Project Hearing a. Affordable Housing Trust Fund CPC Monthly Meeting b. Kierstead Park Construction Phase 1 c. Early Learning Center Improvement d. Adjournment of Public Hearing 3. CPC Monthly Meeting a. Approval of December 2022 Meeting Minutes b. Annual Survey c. Other Business d. Adjournment of CPC Monthly Meeting January 06, 13, 2023 REAL ESTATE TRANSACTIONS BUYER1 POMA-BERNAL, CARLOS E BUYER2 SELLER1 WAIT STREET RT SELLER2 FOPPIANO, RICHARD January 18, 2023 MASSHEALTH ESTATE RECOVERY death or four months from the fiduciary’s appointment. The DMA would bring suit against the estate’s executor or administrator in a court of competent jurisdiction. The DMA’s chosen forum is the Boston Municipal Court. Previous proposed legislation T he MassHealth estate recovery claim is a creature of state and federal statute and regulation. Because such claims arise and are enforced under Massachusetts law by the state’s Division of Medical Assistance, state law and administrative practices are of much concern to the general public and to elder law attorneys. The Massachusetts statute specifies that the state shall recover all MassHealth (Medicaid) benefits paid on a recipient’s behalf where the recipient was age 55 or over as of the time of receipt and the services were provided after October 1, 1993. Federal law mandates such recovery as the federal government reimburses the Commonwealth of Massachusetts approximately 50 cents for every dollar expended for such benefits. Massachusetts will recoup all MassHealth benefits paid on the recipient’s behalf, regardless of the service for which it was paid and regardless of whether the recipient lived in the community or was institutionalized in a long-term care facility. It is irrelevant whether the payments were for nursing home care, prescription drugs, hospitalization for a particular illness, a Medicare co-payment for an indigent elder picked up by MassHealth or visiting nurse services to keep the elder at home. Since 1989, the general rule in Massachusetts has been that a creditor of the estate must bring his or her claim by filing suit within one year of the decedent’s death, or the claim is barred. Even after the year has passed, however, the Division of Medical Assistance (DMA) can still protect its claim by filing it within four months of the fiduciary’s appointment. In short, the crucial deadline for Medicaid claims is the later of one year from the date of by the Romney administration had sought to expand estate recovery to include assets beyond the decedent’s probate estate. The law has been that only assets that were in the MassHealth recipient’s name at the time of his or her death were subject to estate recovery (i.e. the recipient’s probate estate). The Romney administration attempted to expand estate recovery to include virtually all property interests possessed by the MassHealth recipient at the time of his or her death such as life insurance, life estates, jointly owned property, living trusts, tenants by the entirety, IRA’s, 401(k)’s, etc. Those attempted expanded recovery rules were slated to take effect on January 1, 2004. Subsequently, the state legislature delayed implementation until July 1 of that year as a result of heightened pressure from many elder lobbyist groups, the Mass Chapter of the National Academy of Elder Law Attorneys and the elderly population itself. Then, our state legislature went a step further by repealing the expanded estate recovery provisions altogether. Expanded estate recovery is not law today in Massachusetts. It is still very important to keep in mind that you should try to avoid probate if at all possible. Even an untimely death at a younger age might lead to a massive estate recovery claim against your probate estate if you had been receiving MassHealth benefits after having reached 55 years of age. At the present time, expanded estate recovery is not on the horizon. That’s a good thing insofar as asset protection is concerned. Nonetheless, dying with a probate estate might result in much more than the cost of probate itself. It could very well result in an obligation for the Personal Representative of the estate to repay a very large lien assessed by the Estate Recovery Unit. 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. 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. ADDRESS 101 WAITE ST #C6 CITY MALDEN DATE 12.12.22 PRICE 275000
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