Page 12 THE REVERE ADVOCATE – FRIDAY, JANUARY 6, 2023 National Nonprofit Wreaths Across America Announces New Theme for 2023 “Serve and Succeed” COLUMBIA FALLS, Maine — Jan. 5, 2023 — Each year, millions of Americans come together to REMEMBER the fallen, HONOR those that serve and their families, and TEACH the next generation about the value of freedom. This gathering of volunteers and patriots takes place in local, state and national cemeteries in all 50 states - most recently at 3,702 participating locations - as part of National Wreaths Across America Day. Each year, a new theme is chosen to help volunteers and supporters focus their messaging and outreach in their own communities. Today, the national nonprofi t announces the theme for 2023 is “Serve and Succeed.” The inspiration for this year’s theme came while discussing the significance of 2022’s theme, which was “Find a Way to Serve,” and the need to continue to stress the importance of service and the positive ways it can impact lives. Wreaths Across America plans to focus on the storylines of veterans and military families who have found success through their own service, while also highlighting local volunteers across the country and the success that comes from serving their communities. The organization will continue its commitment to supporting and bringing attention to the needs of our veteran community while also showcasing the continued contributions of those who serve. “There are many ways to serve your community and country, and just as many definitions of success,” said Karen Worcester, executive director, Wreaths Across America. “We hope through focusing on those stories of success we will help change the dialogue around what it means to serve your country.” In 2022, more than 2.7 million veterans’ wreaths were placed by volunteers on headstones at 3,702 participating locations around the country in HONOR | SEE Page 15 T MASSHEALTH ESTATE RECOVERY he MassHealth estate recovery claim is a creature of state and federal statute and regulation. Because such claims arise and are enforced under Massachusetts law by the state’s Division of Medical Assistance, state law and administrative practices are of much concern to the general public and to elder law attorneys. The Massachusetts statute specifi es that the state shall recover all MassHealth (Medicaid) benefi ts paid on a recipient’s behalf where the recipient was age 55 or over as of the time of receipt and the services were provided after October 1, 1993. Federal law mandates such recovery as the federal government reimburses the Commonwealth of Massachusetts approximately 50 cents for every dollar expended for such benefi ts. Massachusetts will recoup all MassHealth benefi ts paid on the recipient’s behalf, regardless of the service for which it was paid and regardless of whether the recipient lived in the community or was institutionalized in a long-term care facility. It is irrelevant whether the payments were for nursing home care, prescription drugs, hospitalization for a particular illness, a Medicare copayment for an indigent elder picked up by MassHealth or visiting nurse services to keep the elder at home. Since 1989, the general rule From all of us at Carpenito Real Estate... in Massachusetts has been that a creditor of the estate must bring his or her claim by fi ling suit within one year of the decedent’s death, or the claim is barred. Even after the year has passed, however, the Division of Medical Assistance (DMA) can still protect its claim by fi ling it within four months of the fi duciary’s appointment. In short, the crucial deadline for Medicaid claims is the later of one year from the date of death or four months from the fi duciary’s appointment. The DMA would bring suit against the estate’s executor or administrator in a court of competent jurisdiction. The DMA’s chosen forum is the Boston Municipal Court. Previous proposed legislation 335 Central Street, Saugus, MA 01906 (781) 233-7300 View all our listings at: CarpenitoRealEstate.com by the Romney administration had sought to expand estate recovery to include assets beyond the decedent’s probate estate. The law has been that only assets that were in the MassHealth recipient’s name at the time of his or her death were subject to estate recovery (i.e. the recipient’s probate estate). The Romney administration attempted to expand estate recovery to include virtually all property interests possessed by the MassHealth recipient at the time of his or her death such as life insurance, life estates, jointly owned property, living trusts, tenants by the entirety, IRA’s, 401(k)’s, etc. Those attempted expanded recovery rules were slated to take eff ect on January 1, 2004. Subsequently, the state legislature delayed implementation until July 1 of that year as a result of heightened pressure from many elder lobbyist groups, the Mass Chapter of the National Academy of Elder Law Attorneys and the elderly population itself. Then, our state legislature went a step further by repealing the expanded estate recovery provisions altogether. Expanded estate recovery is not law today in Massachusetts. It is still very important to keep in mind that you should try to avoid probate if at all possible. Even an untimely death at a younger age might lead to a massive estate recovery claim against your probate estate if you had been receiving MassHealth benefits after having reached 55 years of age. At the present time, expanded estate recovery is not on the horizon. That’s a good thing insofar as asset protection is concerned. Nonetheless, dying with a probate estate might result in much more than the cost of probate itself. It could very well result in an obligation for the Personal Representative of the estate to repay a very large lien assessed by the Estate Recovery Unit. 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.
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