Page 8 THE MALDEN ADVOCATE–Friday, June 5, 2026 Cub Scouts Preparing to Camp he pack learned the basics of setting up a tent and how to build a fire, along with tips on camping safely and the six essentials to bring on any camping trip. Interested in joining Malden Cub Scouts or Boy Scouts? Find us on Facebook or Instagram at Malden Cub Scouts to learn more! (Courtesy photo) Like us on Facebook advocate newspaper Facebook.com/ Advocate.news.ma Law Offices of JOSEPH D. CATALDO, P.C. “ATTORNEYS AND COUNSELORS AT LAW” • ESTATE/MEDICAID PLANNING • WILLS/TRUSTS/ESTATES • INCOME TAX PREPARATION • WEALTH MANAGEMENT • RETIREMENT PLANNING • ELDER LAW 369 Broadway Everett, MA 02149 (617)381-9600 JOSEPH D. CATALDO, CPA, CFP, MST, ESQUIRE. AICPA Personal Financial Specialist Designee Home of the Week Offered at $689,000 Berkshire Hathaway HomeServices Commonwealth Real Estate Formerly Carpenito Real Estate SAUGUS - 1st AD - Welcome Home to this 7 room 3 bedroom 1 & ½ bath single family cape in the desirable Iron works part of town. The well-maintained open concept kitchen features Vinyl flooring and modern appliances with side egress to a porch and deck overlooking the in-ground pool, yard and driveway. Newly refinished hardwood floors throughout living room and dining area. 2nd floor primary bedroom has wall to wall and a walk-in closet which is above the 1st floor bathroom. Finished heated lower-level family room with ½ bath walks out to the covered patio area, fenced in back yard and pool. Have fun this summer entertaining with a beautiful in-ground pool and back yard. Home has a new roof in 2025. Newer furnace 2019 and new side steps. Pool liner roughly 2 years old. (781) 233-7300 335 Central St. Saugus commonmoves.com ©2024 BHH Affiliates, LLC, An independently owned and operated franchisee of BHH Affiliates, LLC, Berkshire Hathaway HomeServices and the Berkshire Hathaway HomeServices symbol are registered service marks of Columbia Insurance Company, a Berkshire Hathaway affiliate. Equal Housing Opportunity. 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 most immediate 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 longterm 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. You should also note that MassHealth can seek recovery for the cost of care received at any age while you were permanently institutionalized. This would include repayment for services paid by MassHealth while you were in a nursing 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 T MASSHEALTH ESTATE RECOVERY appointment. In short, the crucial deadline for Medicaid claims is the later of one year from the date of death or four months from the fiduciary’s appointment. The DMA would bring suit against the estate’s Personal Representative in a court of competent jurisdiction. The DMA’s chosen forum is the Boston Municipal Court. Our state legislature twenty two years ago had worked extremely hard in repealing previous legislation promulgated by the Romney administration which in effect expanded estate recovery to include assets beyond the decedent’s probate estate. The law had always provided 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 sought 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. (all asset types that avoid probate). The Romney administration’s new expanded recovery rules were slated to take effect on January 1, 2004. Subsequently, the state legislature delayed implementation until July 1 of 2004 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. Our state legislature then went a step further by repealing the expanded estate recovery provisions altogether. As of this writing, there is no indication that the Commonwealth of Massachusetts will be expanding estate recovery to include all assets the MassHealth recipient had an interest in at the time of his or her death in addition to his or her probate assets. MassHealth will not seek recovery if your probate estate is $25,000 or less. There are also several hardship exceptions to estate recovery which are important to keep in mind. The bottom line is to avoid probate at all costs if you or a loved one has been receiving MassHealth benefits. 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.
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