Page 16 THE MALDEN ADVOCATE–Friday, October 16, 2020 OBITUARIES Marie Elizabeth (McShane) Bucciero О f Malden passed away on October 7, 2020 at Massachusetts General Hospital with her family by her side. She was 80 years of age. Born October 29, 1939, she was the beloved daughter of the late James and Adeline (Kirmes) McShane. Adored mother of Patricia Bucciero and her husband Eduardo Cordeiro of Malden, Michael Bucciero and his wife Patricia of Salem, NH, Fred Bucciero and his wife Paula of Wakefield and Scott Bucciero and his wife Susan of Salem, NH. Cherished grandmother of Lisa and her husband Steven Darragh, Carlo Cordeiro, Anna, Jim, Joseph, John, Nicole and Emily Bucciero. Loving great grandmother of Evelyn and Vivian. Also survived by her brother John McShane and ~ LEGAL NOTICE ~ MALDEN CITY COUNCIL PUBLIC HEARING NOTICE The Malden City Council will hold a virtual public hearing at 7:05 P.M. on Tuesday, October 27, 2020 on the petition of Standard Naturals, Inc. seeking a special permit under Section 12.12.190 of Chapter 12, Revised Ordinances of 2020, As Amended, of the City of Malden (formerly Section 300.20 of Chapter 12, Revised Ordinances of 1991, as Amended, of the City of Malden), to allow a Marijuana Establishment, namely, a marijuana retailer, at the property known as and numbered 7 Linehurst Road Street, Malden, MA and also known by City Assessor’s Parcel ID #185 575 563L. Petition and plans are available for public review in the City Clerk’s Office, 2nd Floor, 215 Pleasant Street, Malden, MA (by appointment only) and on the City website under Permit Application # CMID-032442-2020 at https://permits.cityofmalden.org/EnerGov_ PROD/SelfService#/home. In accordance with Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, M.G.L. c. 30A, §18, and Governor Baker’s March 23, 2020 Revised Guidance on Order by the Governor Prohibiting Assemblage of More than Ten People, this hearing will be virtual and conducted via remote participation to the greatest extent possible. No in- person attendance by members of the public will be permitted, and all effort will be made to permit remote public attendance and participation in this virtual hearing via technological means, in the manner specified below, and if available, via public broadcast of the meeting by Malden Access Cable Television on public access television channels. Additional information/guidelines for the public can be found here: https://www.cityofmalden.org/DocumentCenter/View/2487/Public-information-onPublic-Meetings-and-Hearings-during-the-Declared-State-of-Emergency-related-toCOVID19PDF Members of the public who wish to attend virtually and participate remotely may do so using the following information: Please click the link below to join the webinar: https://cityofmalden.zoom.us/j/99270442644?pwd=VFYzRTVkZW5yekc1a1Yxdi9kYl RkUT09 Webinar ID: 992 7044 2644 Passcode: 577720 Or iPhone one-tap : US: +16465189805,,99270442644#,0#,,577720# +19294362866,,99270442644#,0#,,577720# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 646 518 9805 +1 929 436 2866 International numbers available: https://cityofmalden.zoom.us/u/adrniaJwur 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. By: Gregory Lucey City Clerk October 16 & 23, 2020 his wife Susan of Salem and her sister Linda Duck and her husband John of Chelsea. She was preceded in death by her longtime companion Walter Stuart and her brothers Peter, Paul and Larry McShane. A lifelong Malden resident, Marie attended Malden public schools. While raising her family, she worked in the gift wrap department of Jordan Marsh in Malden Square. She then enjoyed a career at the Federal Department of Transportation in Cambridge, retiring in 2004. In the years after retirement she enjoyed wintering in North Ft. Meyers, Florida, where she had a large circle of friends. She will be fondly remembered for her quick wit, her love of shopping and her penchant for telling entertaining family stories from the past. Above all, Marie loved spending time with her family, especially her grandchildren and great granddaughters. She loved hosting her annual Ice Cream Social each summer where she presided over the gathering of her grandchildren and their friends as well as the neighborhood children. It was an event fondly remembered by all who attended. She was a lover of animals and enjoyed the companionship of many pets in her life, particularly her late dog Butch, a.k.a. Honey Boy. In lieu of flowers, please make a contribution in Marie's name to a charity of your choice. Mary R. "Bobbie" Carroll O f Wilmington and formerly of Malden, on Oct. 10, 2020, at age 93. She will be lovingly remembered by her numerous niecRESERVED SPECIAL POWERS OF APPOINTMENT principal upon the death of the lifetime beneficiary or the person who the real estate was deeded to) has a vested remainder interest subject to divestment. If the SPOA is never exercised, the remainder person will end up taking title as originally planned. The pure definition of a Often times, individuals decide to transfer assets in order to protect them against a possible nursing home stay. Due to the risk of losing assets, transfers often occur prior to when the transferor would prefer. An often-used technique used in drafting to create a bigger incentive for such transfers is the insertion of a provision in a deed or in an irrevocable Trust reserving a limited or special power of appointment (SPOA). A SPOA is a power which enables someone at a later date to change the original disposition of the real estate if a deed is the relevant document or the Trust principal if an irrevocable Trust is the relevant document. The SPOA is reserved by the individual transferring an interest in real estate or transferring any type of property to an irrevocable Trust. In 2017, the Massachusetts Appeals Court in the case of Skye v. Hession held that a deed containing such a reserved SPOA was a valid transfer. The remainder person (the person receiving the Trust SPOA is that it cannot be exercised in favor of the person creating the power, his creditors, his estate, or the creditors of his estate. This is important for MassHealth purposes in order to not have the underlying asset(s) countable for eligibility purposes. The MassHealth applicant’s spouse should also be excluded as a person who might benefit from the exercise of the SPOA. As long as the property in question is vested in persons other than the applicant or spouse, and as long as neither of them have any power to revest the property in themselves, the property should be deemed transferred for purposes of beginning the five year look back period. If nursing home level care is not needed within five years from the date of transfer, the property should be protected. Furthermore, any subsequent exercise of the SPOA itself after the five- year period has elapsed should in no way create any additional period of MassHealth ineligibility. 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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