Page 16 THE MALDEN ADVOCATE–Friday, December 5, 2025 MUSINGS | FROM PAGE 7 that weekend and the picture he sent hurt just looking at it! Get well soon, my friend! • Also, John, I will continue to work on your behalf on your induction into the Malden High School Alumni Hall of Fame. You SO deserve to be in. If there are any committee members reading this, we must talk soon (again) about John. Ain’t many Maldonians — to my knowledge anyway — that have on their resume working with an ex-Beatle. Thanks for listening. • Guess who turned the ripe young age of 40 last week? You are correct sir, Malden Parking Department’s boy wonder, Ernie Ardolino! A surprise party at Hugh O’Neill’s thrown by little sister Elena caught young Ernie really by surprise, as told by the gobsmacked expression on his face! First hug went to his cousin Matt (Gennetti), then to little sis, then to every pretty girl within a 50-yard radius! Stay young, my friend! Enjoy your forties! • My heart sank as I opened the email from old friend Dickie Santo informing me that another Edgeworth icon had passed away. Dawn (Foley) was an absolute joy and if you’d ever been to Donut Villa or Papa’s Bar & Grille in the past 30 or so years, you cerRESIDUARY CLAUSE IN LAST WILL AND TESTAMENT E very Will requires a residuary clause in order to dispose of property not otherwise bequeathed or devised. Property for which a bequest or devise has failed or lapsed or that has been disclaimed without alternative provisions will pass under the residuary clause. In the absence of a residuary provision, your property will pass under the laws of the intestacy statute. If the residue goes to two or more persons, however, and one of the residuary gift fails as a result of one of those persons dying before you, the other residuary beneficiaries will receive the “failed” gift proportionately. The Massachusetts intestacy statutes are found in Mass General Laws, Chapter 190B, Article II, Section 2-101. This is the Massachusetts Uniform Probate Code. These statutes govern the decent and distribution of your estate when you die without a Will. Testators (people who die with a Will) often have a clear idea as to the individuals or organizations to whom they want to leave their estate to. Often, however, they have not considered who should take the estate if the primary beneficiaries predecease them, or, in the case of a charitable beneficiary, if it is not in existence at the time of his or her death. It is always important to consider contingent beneficiaries, even where the primary beneficiaries are individuals who are much younger than you. A typical residuary clause in a Will might read as follows: I give, devise and bequeath all my residuary property to my spouse, if he or she should survive me. If my spouse is not living at the time of my death, I give, devise and bequeath said residuary property to my children who survive me, in equal shares, the issue of any deceased child to take their parent’s share by right of representation. This provision will pick up all of the Testator’s assets that have not already been bequeathed or devised pursuant to other provisions in the Will. It also provides for distribution to the children in the event the Testator’s spouse predeceases him or her. It further provides a safeguard by providing that the distribution will follow the blood line in that property will be distributed to children of the Testator’s deceased children (Testator’s grandchildren) in equal shares. The phrase “by right of representation” in simple terms means that the distribution will follow the bloodline. Children of the Testator’s deceased child will take the share that his or her parent would have taken had his or her parent not predeceased the Testator. This is also commonly known as a “per stirpes” distribution. The Testator can also provide for a “pour over” provision in his or her Will if, for example, his or her spouse were to predecease him or her, leaving the residue of his or her estate to a living Trust. The Massachusetts Uniform Trust Code requires that the Trust be in existence prior to or executed simultaneous with the Will. It is advisable to provide a clause in the Will that states that the Testator’s issue (children/ grandchildren) have intentionally not been provided for in the event the Testator leaves his entire estate to a living Trust. Mass General Laws, Chapter 191, Section 20. When executing a Will, always make sure it contains a residuary clause with clear language as to who will take your assets that have not been otherwise bequeathed or devised pursuant to other provisions contained in the Will. Contingent beneficiaries are a must. Otherwise, the laws of the intestacy statute will govern the descent and distribution of your 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. tainly knew Dawn! A presence to be reckoned with, her kind words and friendly smile were always a pleasure to behold. She adored my father, and my father just adored Dawn. Rest peacefully, my old friend. • The good folks at Donut Villa where she last worked have chimed in: “We are heartbroken to share the passing of our beloved Dawn. She was more than a coworker, she was family. Her warmth touched everyone who walked through our doors, and her laugh was truly contagious. We all loved her deeply, and we will forever remember the joy, kindness, and light she brought into Donut Villa every single day.” • Speaking of NB... Happy 83 spins around sun to Lisbon Street’s most famous son, Norman “Spirit in the Sky” Greenbaum. • Speaking of Dana Brown, I sat with Dana and a group of other outstanding Maldonians at the Malden High School Sports Hall of Fame Banquet last Saturday night. What a night we had — Dana filling in the blanks on every single person in the hall (and beyond). More on the banquet at the later date. As Peter Falk’s iconic TV character Columbo would say, “Just one more thing, sir” — in case you’ve been in a coma for the past month or so, Billy Settemio passed away recently at age 68 years young. The number 68 is meaningless when it came to Billy because he was ageless. Billy was one of those rare souls who stayed young at heart his whole life (with that still great moss). To many Maldonians, he wasn’t just Billy Settemio — he was affectionally called “Uncle Billy,” the human spark plug from Wellington Street who could turn a quiet room into a celebration just by walking through the door and, more often than not, buying a round for the house (true story cuz I been on the receiving end many times!) LOL. Billy had that rare gift: the steady hand you could lean on and the warm smile that told you he remembered not just your face, but your story (at times it may have seemed he wasn’t listening, but he was — insert smiley face). In recent years, Billy and the love of his life Michele carved out a second life under the Naples sun. And in classic Billy Settemio fashion, it didn’t take long before their quiet getaway turned into another bustling circle of goombahs! Malden expats and strangers alike quickly became family, as they always seemed to be around him and his outsized personality. Community didn’t happen to Billy; he created it wherever he went. That ain’t no bull sugar either! But for all the friendships, laughs, and late-night (tall) tales (and otherwise), Billy’s heart always beat the loudest for one thing: family. His brother Dommy, Michele, his children, his grandchildren. Each one was a planet in the small but mighty universe he tended to with pride. Many called him “Uncle Billy,” sure, but the title that made him stand a little taller, smile a little wider, was the one whispered by the smallest hands: “Papa.” Boy oh boy, did he love his grandchildren!! Billy Settemio lived his life exactly the way Maldonians hope their own stories will be told someday: with unwavering loyalty to his many, many friends, a smile that could thaw the coldest night on the IACC bocce court and a love huge enough to fill every room long after he left it (no matter how big the room/hall was!). No fake news here! —Peter is a longtime Malden resident and a regular contributor to The Malden Advocate. He can be reached at PeteL39@ aol.com for comments, compliments or criticisms. Subscribe to the Advocate Online! www.advocatenews.net
17 Publizr Home