Page 16 THE MALDEN ADVOCATE–Friday, July 15, 2022 Beacon Hill Roll Call By Bob Katzen GET A FREE SUBSCRIPTION TO MASSTERLIST – Join more than 22,000 people, from movers and shakers to political junkies and interested citizens, who start their weekday morning with CREDITOR CLAIMS AGAINST THE PROBATE ESTATE G enerally, a creditor of a Massachusetts decedent has one year from the date of death to file a claim against the decedent’s estate. In years past, the time period within which to file a claim commenced when the Personal Representative was actually appointed by the Probate Court. Under the Massachusetts Uniform Probate Code (MUPC), which was effective on March 31, 2012, creditors now have one year from the date of death to file a claim against the estate. The purpose of the one year from the date of death provision is to promote the quick settlement of estates by allowing the Personal Representative of the estate to pay claims and to make distributions after one year from the date of death without the risk of being held accountable to a creditor. It is not enough for the creditor to simply provide notice of the claim to the Personal Representative, or even to just file a Notice of Claim in the probate court. MUPC Section 3-803(a) provides that, before the one- year period expires, the creditor must bring an action against the Personal Representative in the appropriate court, serve the Personal Representative with process by in hand delivery, and file a Notice of Claim with the Probate Court setting forth the creditor’s information and the amount of the claim. It often occurs that there is no estate to be probated or, even if there is a probate estate, the proceedings do not commence until after one year from the date of death. In this case, the creditor is out of luck and any subsequent claim would be barred. If a creditor is aware of the decedent’s death and the probate process has not commenced, the creditor has the right to petition the Probate Court in order to seek the appointment of a suitable Personal Representative. In this situation, the creditor would be aware that probate assets do indeed exist and that the dollar amount of the claim justifies the expenses to be incurred. The MUPC puts the onus on the creditor to learn of the decedent’s death and to take action accordingly before the statute expires. It should not be too difficult for the creditor to follow-up when no payments on the debt have been made. Furthermore, with today’s easy access to the internet, a quick google search of the debtor’s name and address would provide the date of death of the decedent. It is important for Personal Representatives to be aware of this one-year statute before final estate distributions are made. 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. MASSterList—the popular newsletter that chronicles news and informed analysis about what’s going on up on Beacon Hill, in Massachusetts politics, policy, media and influence. The stories are drawn from major news organizations as well as specialized publications selected by widely acclaimed and highly experienced writers Keith Regan and Matt Murphy who introduce each article in their own clever and inimitable way. MASSterlist will be e-mailed to you FREE every Monday through Friday morning and will give you a leg up on what’s happening in the blood sport of Bay State politics. For more information and to get your free subscription, go to: https://lp.constantcontactpages. com/su/aPTLucK THE HOUSE AND SENATE: Beacon Hill Roll Call records representatives’ and senators’ votes on roll calls from the week of July 4-8, 2022. BENEFITS FOR MILITARY FAMILIES (H 4978) House 154-0, approved legislation that would support military families who relocate to the Bay State by providing career stability for the spouses of service members and education for their children. The Senate has already approved a different version of the bill and the House version now goes back to the Senate for consideration. Provisions include making it easier for military personnel and their spouses who move to the Bay State to get a Massachusetts professional license, if their job requires one, so that they can continue their civilian careers and provide for their families without interruption; requiring the Commissioner of Education to issue a military spouse a valid certificate for teaching if he or she holds a valid teaching license from another state; allowing children of military members to register and enroll in a school district at the same time it is open to the general population by waiving the proof of residency requirement until the student actually begins school; creating a purple-star campus designation for certain schools that are military-kid friendly and show a major commitment to students and families connected to the nation’s military; and requiring that a child or spouse of an active-duty service member in Massachusetts continue to pay the in-state less expensive tuition rate at state universities even if the service member is assigned to move out of the state. “Anyone who has worn the uniform or has a family member who has worn the uniform knows that the sacrifice of military service goes far beyond the individual service member,” said Sen. John Velis (D-Holyoke) Senate chair of the Committee on Veterans and Federal Affairs. “[This bill] is a recognition of that sacrifice and the challenges these families face. The bill will benefit so many military families coming to our state ~ LEGAL NOTICE ~ INVITATION TO BID The Malden Housing Authority (MHA), the Awarding Authority, invites sealed bids from Supply Contractors to furnish and deliver: Hardware and Various Items Supplies, MHA #062722 for the MHA, in Malden Massachusetts, in accordance with the documents prepared by MHA. This is a federal and state funded contract and Federal laws and regulations shall apply in addition to the laws and requirements of the Commonwealth of Massachusetts. MHA is seeking an indefinite quantity contract to furnish and deliver hardware and various items supply, for a minimum term of one (1) year, extending up to a maximum term of five (5) consecutive years, all awards to be made subject to funding and in the MHA’s sole discretion. Typical items would include but not limited to: hardware products, plumbing products, electrical products, paint, paint tools and products, waterproofing products, hand tools, power tools, sandpaper, drywall compound, cornerbead, cleaning tools and fluids, snow removal products, lubricants, automotive products, extension cords, lighting, etc. Bidding procedures shall be in accordance with CFR 85.36; M.G.L. c. 30b, as most recently amended, and all other applicable laws. The estimated project value is up to: $15,000.00 per contract year; total potential maximum contract value is $75,000.00. Bid documents will be available by email request at efahey@ maldenhousing.org from 9:00 a.m. to 4:00 p.m., Monday through Thursday, and may be examined at the MHA’s Main Administrative Offices, 630 Salem Street, Malden, MA from July 18, 2022, the bid documents are available by mail for $35.00 each (or $45.00 per set for overnight), in the form of a certified check made payable to Malden Housing Authority, to cover shipping. Bidder’s written questions will be received until 3:00 pm, 8/24/22 at efahey@maldenhousing.org with all questions. Sealed general bids will be received at the MHA’s Main Administrative Offices, 630 Salem Street, Malden, MA until 2:00 PM on 9/7/22, at which time all general bids will be publicly opened and read aloud. Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) Part 135 - Economic Opportunities for Low- and Very Low-Income Persons shall apply to this project. Copies of the above are bound in the bid documents and are fully integral portions of the conditions of the contract with which each bidder must comply. The MHA reserves the right to reject any or all general bids if it is in the public interest to do so. July 15, 2022 and will help bring massive federal investments to our commonwealth.” “This comprehensive legislation is the result of countless hours of listening and learning from our veterans and advocates across the commonwealth,” said Rep. Paul McMurtry (D-Dedham), House chair of the Committee on Veterans and Federal Affairs. “It not only meets our veteran community’s most immediate needs, it also addresses the many challenges our veterans and their families face.” (A “Yes” vote is for the bill.) Rep. Paul Donato Yes Rep. Steven Ultrino Yes $56 MILLION FOR FAMILIES OF VICTIMS OF HOLYOKE SOLDIERS’ HOME (H 4932) Senate 39-0, approved $56 million in funding for the families of the victims of the COVID-19 outbreak at the Holyoke Soldiers’ Home. The Senate has already approved the measure and onlyfinal approval is needed in each branch before the measure goes to the governor for his signature. “No amount of money will ever make up for the devastating loss and heartbreak that these families have been through,” said Sen. John Velis (D-Holyoke). “What happened at the Home was unacceptable and will forever leave a scar on the commonwealth especially our Western Mass comBHRC | SEE PAGE 17
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