Page 18 THE MALDEN ADVOCATE–Friday, June 7, 2024 Call The Advocate: 617-387-2200 MASSACHUSETTS ANTI-LAPSE STATUTE the subject. It is better practice in draftW hen it comes to a well-drafted Last Will and Testament, the drafter should always specify whether a legacy will lapse if the beneficiary does not survive the testator, and whether there is an alternate beneficiary in default. It is also a very good idea to have contingent beneficiaries on your IRA, 401(k), life insurance policy, annuity policies, etc. Under Massachusetts General Laws (MGL) Chapter 190B, Section 2-603, commonly known as the “anti-lapse” statute, if a legacy is to a grandparent or a lineal decedent of a grandparent of the testator, and that beneficiary predeceases the testator, the issue (i.e. children or grandchildren) of the deceased beneficiary will take the legacy. If they are all of the same degree of kinship, then they will all take equally. If they are not all of the same degree of kinship, those of the more remote degree take by right of representation. Lineal descendants of a grandparent include adopted children. If a beneficiary is “not” related by blood or adoption to the testator, and there is no alternate taker in default, the legacy will “lapse” and fall into the residue of the estate. Wellman v. Carter, 286 Mass. 237, 255 (1934). Under MGL Chapter 190B, Section 2-604(b), if a residuary gift to a residuary beneficiary fails, then such share will pass to the other residuary beneficiaries proportionally. As is usually the case with statutory presumptions, the statutory presumptions found in the anti-lapse statute are designed to approximate what the legislature believes the testator’s intent most likely would have been if the testator had specifically addressed ing a Will to specify, for each gift, whether the gift is to pass to the beneficiary’s issue if the beneficiary does not survive the testator, or whether the gift is to be only “if he or she survives me”. Issue would include children and grandchildren. For example, “I give the sum of $100,000 to Davie Crocket, if he survives me”. If Davie does not survive the testator, the $100,000 legacy will lapse. The testator could also include the following provision: “I give the sum of $100,000 to Davie Crocket, if he survives me. If Davie Crocket is not living at the time of my death, I give the sum of $100,000 to his children who survive me, the issue of any deceased child to take their parent’s share by right of representation”. If Davie does not survive the testator, and has one son living at the time of his death, his son will receive the $100,000 legacy. If both Davie Crocket and his son are not living at the time of the testator’s death, but Davie’s grandson is living, his grandson will receive the $100,000 legacy. In this instance the gift will not lapse and fall into the residuary estate. The residuary estate is that part of the testator’s estate that is not specifically bequeathed or devised to an individual or entity or that part of the testator’s estate that includes bequests or devises to individuals or entities that have “lapsed”. Right of representation (or “per stirpes” as the two phrases are used interchangeably) means that each “branch” of your descendants will share equally. For example, if you die having had three children, with one child having 2 children, one child having 3 children and the third child having 4 children, but one child had predeceased you, your estate will still be divided equally among 3 “branches” or “stalks”. If the child who predeceased you was the one with 4 children, his 4 children will share equally in 1/3 of the estate. 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. Hearts, Hugs & Hope: an Alzheimer’s Support Group at Forestdale Park Senior Living June 25, 5:00 p.m. A support group for caregivers meets in person at Forestdale Park Assisted Living and Memory Care Community (341 Forest St., Malden). Dealing with Alzheimer’s disease and related dementia isn’t easy, so it is helpful to share your concerns and personal experiences with others who completely understand what you’re going through. You will also learn about proven strategies to help you better care for your family member. RSVP to 781333-8903 or reception@forestdalepark.com. Forestdale Park Senior Living is a project of the nonprofit Volunteers of America Massachusetts, which has supported local seniors with specialized services for over 75 years. Friends of the MPL delight patrons with “Coffee and a Book – the perfect blend” partnership with New England Coffee Company F or the second year, the Friends of the Malden Public Library dazzled members and the general public with an innovative approach to the Spring Book Sale. The Friends offered a Members-Only preview sale on Friday evening, May 5, giving Friends members the opportunity to be the first to sample the collection of secondhand books that are lovingly sorted, cleaned and shelved by a small group of volunteers, led by Devra, Book Room coordinator. The second part of the formula for success was the Saturday Book Sale, open to the general public, which was paired with the “Coffee and a Book – the Perfect Blend” fundraiser, in collaboration with New England Coffee Co., a Malden-based coffee roaster and vendor. Who has not perceived the warm, toasty aroma of NECC beans being roasted in the evenings in Malden Square? The Friends of the MPL is the volunteer, fundraising arm of the Library, hosting fun, cultural events during the year to help fund the Library’s numerous community events and activities. Friends President Mary Ellen - LEGAL NOTICE - City of Malden Massachusetts Board of Appeal 215 Pleasant Street Malden, Massachusetts 02148 Telephone 781-397-7000 x2103 MALDEN BOARD OF APPEAL PUBLIC HEARING The Malden Board of Appeal will hold a public hearing on Wednesday, June 26, 2024 at 6:30 pm at Malden City Hall, 215 Pleasant St, Room #106 Herbert L. Jackson Council Chambers, Malden, MA on Petition 24-006 by Barbara Chiuve seeking to amend a variance of Petition of Florence Joy for a variance of Section 800.6.2.22 Chapter 12, of the revised ordinances of 1991 as amended of the City of Malden to allow a 2nd kitchen in a single family dwelling granted for 19 George Street, Malden, MA on August 21, 2014 by striking conditions 1(a) and 1(b) Namely: The 2nd kitchen shall be removed should: 1(a) Either the petitioner and/or the petitioner’s daughter vacate the premises known and numbered as 19 George Street, Malden, MA 1(b) Prior to renting, listing and/or conveying the property know and numbered 19 George Street, Malden, MA Property known as and numbered 19 George Street, Malden, MA and also known by City Assessor’s Parcel ID #143-668-803 Additional information, Petitions & plans available for public review in the Office of Inspectional Services, 215 Pleasant St., 3rd floor, Malden, MA or online at www.cityofmalden.org or https://maldenma-energovweb.tylerhost.net/apps/SelfService#/home. Search Records by Permit Application # and view Attachments. Nathaniel Cramer, Chair June 7, 14, 2024 O’Meara has identified a mutually beneficial opportunity in partnering with local businesses and has been working toward that objective.“The New England Coffee Co. has been wonderful. They sent over the Coffee truck, all coffee was donated to the Friends. Patrons had the chance to taste the NECC blends and give whatever they could for the beverage consumed. The people in the truck were pleasant and efficient, our patrons were overjoyed to be offered a delicious coffee, roasted and brewed in Malden, at the entrance to the Library! Everyone gave what they could, some patrons were very generous, and all proceeds went toward funding the programs the Library organizes.” O’Meara pointed out that Malden was recently recognized as one of the most diverse cities in the Commonwealth and that the Friends was seeking to reach out to all cultural and age groups in Malden to reflect that diversity in membership. “We are looking for new members and new ideas. Everyone is welcome in the Friends as long as you love books and share our desire to serve the Library and the Community! The secret to success is getting everyone involved and incorporating the younger generations to keep up with the times,” she stated. Meetings for the friends are the second Tuesday of every month at 7:00 p.m. at the Library. For Advertising with Results, call The Advocate Newspapers at 617-387-2200 or Info@ advocatenews.net
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