14

Page 14 THE MALDEN ADVOCATE–Friday, July 26, 2024 OBITUARIES Jean M. Murphy Of Malden. Died peacefully in her home with loved ones near her on June 18th, 2024. Daughter of the late Gaetano and Josephine Troccoli. Wife of the late Richard Edward Murphy. Mother of Donna Sensale and her husband Rob of Raymond, New Hampshire and Carol Murphy and her husband Kevin Brunton of Malden. Sister of JoAnn Doonan of Bellingham, Linda Campanaro of Revere and her husband Gene and the late Dorothy Cameron. Jean was born and raised THE HOME AND THE MEDICAID LIEN be much less. If the private pay rate for the average nursing home in Massachusetts is $15,000 per month, the “Medicaid” rate might be, for example, $7,000 per month. This may be one reason why not to sell the house. For example, if the home is T he general rule is that the home and any adjacent land, if located in Massachusetts, is considered to be a “non-countable” asset for MassHealth eligibility purposes as long as the applicant checks off the box on the MassHealth application stating that he or she intends on returning home from a nursing home. This may or may not be likely to happen but by checking the box, the home will not be a countable asset. Assuming that for a single person the total of all other countable assets is $2,000 or less, the applicant will be eligible for MassHealth benefi ts. MassHealth’s estate recovery unit will, however, place a lien on the property. This is done so in order to seek repayment of Medicaid benefits paid to the nursing home upon the death of the MassHealth applicant. The home would have to be sold (or mortgaged) in order to pay back MassHealth. It is important to note, in 2024, the home will not be considered a “non-countable” asset if the equity in the home exceeds $1,071,000. There is an exception to this rule. The home will still be non-countable if a spouse is living there or a blind or permanently disabled child is living there, regardless of its value. The benefi t of applying for MassHealth and keeping the home is that estate recovery will be based upon the “Medicaid” rate and not the private pay rate. Therefore, the ultimate recovery against the home will sold for $750,000, at $15,000 per month for nursing home cost, the equity in the home would be entirely wiped out in approximately 50 months. However, if MassHealth is applied for and the house is not sold, and the application is approved, assuming the “Medicaid” rate is $7,000 per month, the equity in the home would not be wiped out until approximately 107 months. In other words, it would take twice as long to lose all of the value of the home. The Medicaid rate is what MassHealth actually pays to the nursing home each month. The daily rate paid is based upon the level of care provided to the applicant. In this example, if the MassHealth recipient died in the nursing home after 36 months, the payback to MassHealth would only be $252,000, leaving $498,000 in equity for the family members upon the applicant’s death. In this example, I am assuming the applicant is single. If married, the house can simply be transferred to the spouse who is still living at home. So it pays to at least look at your options when dealing with the home and MassHealth eligibility. It also makes a lot of sense to consider transferring your home to an irrevocable Medicaid-qualifying Trust. In that case, after the fi ve year look-back period is over, the house will be protected. This would avoid probate and also any Estate Recovery Lien. MassHealth estate recovery only applies to the probate estate, not assets held in Trust. Joseph D. Cataldo is an estate planning/elder law attorney, Certifi ed Public Accountant, Certifi ed Financial Planner, AICPA Personal Financial Specialist and holds a master’s degree in taxation. in Malden. She attended Immaculate Conception Grammar School and is a graduate of Girls Catholic High School. Jean’s spiritual life was important to her. She was a lifelong parishioner of Immaculate Conception Church where she married her husband, Richard “Eddie” Murphy of Chelsea, in 1961. She was from a close-knit Italian American family to whom she stayed close as they settled in Malden near her parents, with other extended family members nearby. Jean was a strong, independent woman who worked hard as a devoted mother raising two strong and independent children. As her children grew, she ventured back out into the professional working world, becoming a bank teller at Malden Savings Bank which later became Medford Savings Bank. She enjoyed her work and the group of women with whom she worked, keeping in touch and socializing with them until she could no longer do so. She was a talented seamstress as well as a good cook and baker. She loved reading romance novels and historical fi ction, had a passion for theatre and enjoyed going to the movies. She had a great laugh that could be heard when watching silly Woody Allen movies. She was very active and almost daily, you could fi nd her walking the neighborhood and surrounding area at quite a pace. She enjoyed shopping and had a great appreciation for a good bargain. BHRC | FROM PAGE 13 gencies like stroke or heart attack. "This legislation honors the sacrifi ce of our brave police and fi refi ghters," says sponsor Rep. Paul McMurtry (D-Dedham). “This simple language change will assure that surviving family members receive the tax benefi t they are deserving of and what I believe was the original intention of the exemption." TAX INCENTIVE FOR URBAN AGRICULTURE (H 2852) – Would promote urban agriculture and horticulture by allowing Gateway cities as well as cities and towns, with populations of more than 50,000, to exempt from property taxes any land of two acres or less that is used for commercial urban agriculture and horticulture. Additionally, the parcel must have had at least $500 in gross sales of agricultural or horticultural products in the prior year to be eligible for the tax exemption. “Rep. Vanna Howard (D-Lowell) and I fi led this bill together to support small-scale urban agriculture, which expands access to healthy food and promotes economic growth in cities,” says co-sponsor Rep. Hannah She also enjoyed traveling and had quite a few adventures with her husband, her sisters and her daughters, traveling from places as close as New England and New York City to places across the country like San Francisco and the Grand Canyon and across the pond to England and Italy. She will be deeply missed by her family. Relatives & friends were invited to attend her funeral from the Breslin Funeral Home, Malden on Tuesday June 25th followed by her Funeral Mass celebrated at Immaculate Conception Church, Malden. Services will conclude with interment in Woodlawn Cemetery in Everett. In lieu of fl owers, donations in her memory may be made to the Alzheimer’s Association, 320 Nevada St., # 201, Newton, MA 02460. Paul R. Smith Of Malden. Entered into eternal life on Sunday, July 21, 2024 in his dream house in Waterboro, Maine after a courageous battle with cancer. He was 59 years of age. Born in Melrose, Paul lived in Malden. He earned his Associate's Degree. Paul was retired from the United States Postal Service as a letter carrier. He was also the former owner and operator of Superior Painting and Construction Company. Paul is survived by his devoted mother, Rachel Dantone Glass; his beloved and devoted wife, Mary S. (Ragucci) Pompeo Smith; his dear and devoted chilKane (R-Shrewsbury). “In addition to these benefi ts, urban agriculture also improves environmental health and makes local food systems more resilient. By incentivizing urban agriculture, this bill will help cities obtain the benefi ts of these operations.” INCREASE PARKING FINES (H 3326) – Would allow cities and towns to double the maximum fi ne for some parking violations. Current law sets a maximum fi ne for many violations at $50 if paid within 21 days, $55 if paid after 21 days and $75 if paid after the parking clerk reports the parking offense and fi ne to the Registry of Motor Vehicles. The bill increases the fi nes to $100 if paid within 21 days, $110 if paid after 21 days and $150 if paid after the parking clerk reports the parking offense and fi ne to the Registry of Motor Vehicles. Rep. Susan Giff ord (R-Wareham), the bill’s sponsor, says the current maximum fines have not been changed since 2004, nearly twenty years ago. “This bill does not establish any minimum fi nes or mandate an increase in any existing fi nes,” continued Giff ord. "It merely gives communities the option to adopt policies that better suit local needs and enforcement dren, Paul M. Smith of Somerville and Ashley Smith of Chelsea; his loving grandson, Henry Festa; and his loving step-children, Kenneth Fazio of Malden and Rachel Pompeo of Peabody. Relatives and friends are respectfully invited to attend Paul's visitation in the Cafasso & Sons Funeral Home, 65 Clark St. (Corner of Main Street) Everett, Friday, July 26, 2024 from 4 p.m.-7 p.m. Burial will be private. In lieu of fl owers, contributions in Paul's memory to www.cancer.org would be sincerely appreciated. Parking with attendants on duty. Rosaria (DeLuca) Spera A longtime resident of Malden, formerly of Everett, passed away on July 13, 2024. She was 75 years old. Rosaria was the beloved mother of Carmella Simonelli and her husband Eddie, Amalia Spera, Anthony Spera, and Luciano Spera. She was the cherished grandmother of Anthony Spera, Dante Spera and his wife Thais, Jarred Spera and his wife Riva, Nico Simonelli, Samantha Porazinski, Aleksis Spera, and great grandmother of Dante Leo Spera, Jordan Simonelli and J.J. Simonelli. A funeral service was held at the A. J. Spadafora Funeral home, 865 Main Street, Malden on Thursday July 18. Visiting hours were held at the funeral home on Wednesday July 17th. Interment was in Holy Cross Cemetery, Malden. priorities.” QUOTABLE QUOTES “Ensuring every student can read is fundamental to all other education goals and right now we are failing miserably. Progress on literacy cannot wait another day. Failure to act is costing our students and threatening their futures.” --- Ed Lambert, executive director of Massachusetts Business Alliance for Education, urging legislators to pass legislation that would expand the use of science-based literacy instruction to address the state’s early literacy crisis. "The total lack of respect displayed by Secretary Santiago towards the single largest veteran's organization in the commonwealth and the world, the 35-000-member strong Department of Massachusetts American Legion, requests you remove Secretary Santiago from his position of Secretary of Executive Offi ce of Veterans Services.” --- From a letter sent by the Massachusetts chapter of the American Legion to Gov. Maura Healey, urging that she fi re cabiBHRC| SEE PAGE 15

15 Publizr Home