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Page 20 THE REVERE ADVOCATE – FRIDAY, JANUARY 3, 2025 OBITUARIES Frank Michael Vecchia Peter V. DiGiulio I O f Revere. Passed away on December 24, 2024, at the age of 96. Beloved Husband of the late Rose M. Vecchia (Puopolo) with whom he shared 68 years of marriage. Devoted father of Joanne Connors and her husband Michael of Tewksbury, Frank Vecchia III and his wife Johanna of Woburn and the late Janet Spano and her surviving husband Joseph of North Reading. Cherished grandfather of Christopher Spano and his wife Nadia, Jeffrey Spano and his wife Janelle, Courtney Connors and Fiancé Jack Whelton, Cameron, and Caden Connors, Jillian and Andrew Vecchia and greatgrandfather of Rosalie and Mariana Spano. Dear Brother of the late Eugene Vecchia, Walter Vecchia, and Edward Vecchia. Frank is also survived by many loving nieces and nephews. Spending time with his family, especially his grandchildren, was the highlight of Frank’s life. He served in the United States Navy on the U.S.S Requin submarine. After his service he went on to work at MIT Lincoln Laboratory for 43 years. A visitation was held from the Paul Buonfi glio & Sons ~ Bruno Funeral Home, Revere, on Monday, December 30 followed by a Funeral Mass at the Immaculate Conception Church, Revere. Interment in Woodlawn Cemetery, Everett. At the family’s request, in lieu of flowers, donations may be made in Frank’s memory to the American Heart Association at www.heart. org For guestbook, please visit www.buonfi glio.com O f Revere. It is with the deepest sadness that we announce the sudden, yet peaceful passing of Peter Vincent DiGiulio, who departed on December 21, at the age of 72. Pete was a graduate of Dom Savio High School (‘69), and Boston College (‘73). An elementary school teacher and coach in the city of Revere for 43 years, Mr. D made an immense impact on everyone’s life that he touched during his time as an educator. He couldn’t go anywhere in the city without stopping to have a conversation with a former student, colleague, or friend. The diff erence between a “great” and a “legend” is the ability to inspire generations to come. Pete was a legend. His love, kindness, and extreme generosity will leave a long-lasting impression. He dedicated his life to the lights of it, his children, Benjamin Peter and Emily Alice, whom he loved and supported with every ounce of his being. Peter is also survived by his ex-wife, Debra DiGiulio; his sister, Susan (DiGiulio) Cronin; his brother, Vincent DiGiulio; his favorite daughter-in-law Kendyl (Klein) DiGiulio; and his nieces and nephew, Amy (Davis) and Erin (Tucker) Cronin, Olivia DiGiulio, Grace Magno, Julie (Peczka) Thurston, Jennifer (Peczka) McFarland, and Zach Peczka. He was preceded in death by his parents, Peter N. DiGiulio and Gloria Maddalena. Visitation was held Sunday, December 29 followed by a Prayer Service at the Buonfi glio’s Funeral Home in Revere, MA. SPOUSE ELECTING AGAINST THE WILL n order to help off set the freedom that each spouse has to execute his or her own Will thereby leaving his or her property to anyone he or she wishes, a Massachusetts statute is on the books which gives the surviving spouse an absolute right to set aside or “waive” the decedent spouse’s Will and claim a share of the deceased spouse’s probate estate. This is set forth in Mass General Laws Chapter 191, Section 15. This is a fundamental and important right for the surviving spouse. Consequently, a married individual who is about to execute a Will should have this fact clearly in mind during the initial planning process. Electing against the Will and claiming the statutory share may be made without notice and as a matter of personal privilege. In order to do so, a written waiver and claim form must be fi led with the Probate Court within six months of the probate of the Will. The law is very strict in requiring the waiver and claim to be made within the specifi ed time period if it is to be eff ective. The claim may be made prior to the probate of the Will. It must be made prior to the death of the surviving spouse because due to its personal nature, it cannot be made by the executor or administrator of a deceased widow or widower. Once made, the claim cannot be withdrawn and must be absolute. No conditions may be attached to it. It is an all or nothing proposition. The right to make the waiver and claim the statutory share will be lost if the surviving spouse accepts any of the benefi ts under the Will. The surviving spouse can, however, waive the Will and claim a statutory share and yet still serve as Executor of the Will. If, for example, the husband dies leaving children and a wife, even if the husband leaves nothing to his wife pursuant to the terms of his Will, his wife would be able to elect against the Will and claim one third of the estate. If the estate exceeds $25,000, then his wife would receive $8,333 outright and would have the benefi t of a life estate in the entire estate above and beyond $25,000 (for example, right to receive income for life from the probate assets that generate investment income). If the husband dies leaving no children but does leave a wife and kindred (blood relationship based upon the law of consanguinity), his wife would be able to claim the fi rst $25,000 plus a life estate in one half of the remaining property. If the husband dies leaving no children and no kindred, his wife would be able to claim the fi rst $25,000 plus one half of the remaining property outright. Prior to 1994, a spouse’s statutory share under MGL chapter 191, Section 15 applied only to the decedent’s “probate” estate. However, in Sullivan v. Burkin, a 1994 Massachusetts Supreme Court Case, the court announced that it would no longer follow the rule in a previous 1945 Massachusetts case, Kerwin v. Donaghy, which denied a surviving spouse any claim against the assets held in a living trust created by the deceased spouse. Therefore, for any living trusts created after January 23, 1984, the Supreme Court takes the position that the surviving spouse’s right to elect against the Will and claim his or her statutory share shall include the right to make a claim against assets held in a living trust created by the deceased spouse wherein the deceased spouse alone retained the right during his or her lifetime to direct the disposition of the trust assets for his or her benefi t. The Supreme Court did not clarify whether or not the surviving spouse’s right to claim against assets held in such a living trust would apply to trusts created prior to the date of marriage. The surviving spouse must compare very carefully his or her statutory rights in the “probate” estate (as expanded in the rule set forth in Sullivan v. Burkin) with the testamentary provisions as set forth in the decedent spouse’s Will, and then make a choice whether or not to waive the Will and claim the statutory share. The complexity of making this analysis should not be underestimated. This is an often-overlooked area of the law that allows a surviving spouse left out of a deceased spouse’s Will to seek relief under this statutory provision. 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. Copyrighted material previously published in Banker & Tradesman/The Commercial Record, a weekly trade newspaper. It is reprinted with permission from the publisher, The Warren Group. For a searchable database of real estate transactions and property information visit: www.thewarrengroup.com BUYER1 Fallon, Mark Walter, Teagan J Martinez, Mario REAL ESTATE TRANSACTIONS SELLER1 BUYER2 Vredenburg, Ona Fallon, William E Tays Realty LLC Zhu, Xinsheng SELLER2 ADDRESS DATE PRICE 35 Hyde St 12.04.24 1032500 57 Bellingham Ave 12.03.24 1400000 26 Calumet St 12.13.24 390000 Revere

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