Page 10 THE REVERE ADVOCATE – FRIDAY, JUNE 7, 2024 MASSACHUSETTS ANTI-LAPSE STATUTE W hen it comes to a welldrafted Last Will and Testament, the drafter should always specify whether a legacy will lapse if the benefi ciary does not survive the testator, and whether there is an alternate benefi ciary in default. It is also a very good idea to have contingent beneficiaries on your IRA, 401(k), life insurance policy, annuity policies, etc. Under Massachusetts General Laws (MGL) Chapter 190B, Section 2-603, commonly known as the “anti-lapse” statute, if a legacy is to a grandparent or a lineal decedent of a grandparent of the testator, and that benefi ciary predeceases the testator, the issue (i.e. children or grandchildren) of the deceased benefi - ciary will take the legacy. If they are all of the same degree of kinship, then they will all take equally. If they are not all of the same degree of kinship, those of the more remote degree take by right of representation. Lineal descendants of a grandparent include adopted children. If a benefi ciary is “not” related by blood or adoption to the testator, and there is no alternate taker in default, the legacy will “lapse” and fall into the residue of the estate. Wellman v. Carter, 286 Mass. 237, 255 (1934). Under MGL Chapter 190B, Section 2-604(b), if a residuary gift to a residuary benefi ciary fails, then such share will pass to the other residuary benefi - ciaries proportionally. As is usually the case with statutory presumptions, the statutory presumptions found in the anti-lapse statute are designed to approximate what the legislature believes the testator’s intent most likely would have been if the testator had specifi cally addressed the subject. It is better practice in drafting a Will to specify, for each gift, whether the gift is to pass to the benefi ciary’s issue if the benefi ciary does not survive the testator, or whether the gift is to be only “if he or she survives me”. Issue would include children and grandchildren. For example, “I give the sum of $100,000 to Davie Crocket, if he survives me”. If Davie does not survive the testator, the $100,000 legacy will lapse. The testator could also include the following provision: “I give the sum of $100,000 to Davie Crocket, if he survives me. If Davie Crocket is not living at the time of my death, I give the sum of $100,000 to his children who survive me, the issue of any deceased child to take their parent’s share by right of representation”. If Davie does not survive the testator, and has one son living at the time of his death, his son will receive the $100,000 legacy. If both Davie Crocket and his son are not living at the time of the testator’s death, but Davie’s grandson is living, his grandson will receive the $100,000 legacy. In this instance the gift will not lapse and fall into the residuary estate. The residuary estate is that part of the testator’s estate that is not specifi cally bequeathed or devised to an individual or entity or that part of the testator’s estate that includes bequests or devises to individuals or entities that have “lapsed”. Right of representation (or “per stirpes” as the two phrases are used interchangeably) means that each “branch” of your descendants will share equally. For example, if you die having had three children, with one child having 2 children, one child having 3 children and the third child having 4 children, but one child had predeceased you, your estate will still be divided equally among 3 “branches” or “stalks”. If the child who predeceased you was the one with 4 children, his 4 children will share equally in 1/3 of the 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. Local resident performs at Dance Studio R evere resident Albert Nicholls performed at the Dancesport Academy of New England Showcase Ballroom Dance Performance held on June 2 of this year at the Dance Studio in Brighton, Mass. With a live audience and along with other performers, Albert, with Instructor Saori DeSouza as his partner, performed the smooth Dance: Fox Trot to the tune of “All that Jazz.” The audience appreciated the performance and said the ticket price paid was well worth it. Albert enjoyed cheering for other performers and also appreciates the dedication of his teacher/owner of the Dancesport Academy of New England of Brookline challenging him to make his best eff ort in his Ballroom Dancing. ‘Guys & Dolls’ The Ultimate Musical Comedy P resenting the grand finale of its 24th Season, Greater Boston Stage Company proudly brings “Guys and Dolls” to the stage! Directed and choreographed by Ceit Zweil, with musical direction by Dan Rodriguez, this production promises an evening of pure theatrical joy. Running from June 7 to June 30, 2024, “Guys and Dolls” brings to life the bustling world of Broadway’s ne’er-do-well gamblers, glamorous cabaret showgirls, and determined missionaries. With a book by Abe Burrows and Jo Swerling and music and lyrics by Frank Loesser, the show features an unforgettable score with timeless classics, such as “Luck Be a Lady,” “I’ve Never Been in Love Before,” “Sit Down, You’re Rockin’ the Boat,” “Adelaide’s Lament” and the titular “Guys and Dolls.” This production is not just a retelling of a beloved story but a full-fl edged celebration of the vibrant, larger-thanlife characters and the unforgettable music that has made “Guys and Dolls” a staple of American theater. “Bringing Guysand Dolls to our stage is a thrilling way to conclude our 24th season. It’s a show that epitomizes the joy and magic of musical theater, and our creative team, led by Ceit Zweil and Dan Rodriguez, is crafting a production that will delight audiences of all ages,” says Greater Boston Stage Company’s Producing Artistic Director, Weylin Symes. “We can’t wait to share this timeless classic with our community.” Single tickets: $64-69 adults; $59-69 seniors; $25 “Guys & Dolls” — The Ultimate Musical Comedy (Courtesy of Greater Boston Stage Company) students (with valid ID). For more information or to purchase tickets, call the Box Offi ce at Greater Boston Stage Company at 781-279-2200 or visit https:// www.greaterbostonstage.org/showstickets/mainstage/guysdolls/. Box Offi ce hours: Tuesdays—Fridays, noon to 4 p.m About Greater Boston Stage Company: Now in its 24th Season of live theatre in Stoneham, Mass., Greater Boston Stage Company produces six Mainstage shows, presents a series of Special Events and runs year-round classes, lessons and fully staged productions through The Young Company for students in grades 1—12. Location: 395 Main St., Stoneham, Mass. Facebook: Greater Boston Stage Company Twitter: @GBStageCompany — Instagram: gbstageco Law Offices of JOSEPH D. CATALDO, P.C. “ATTORNEYS AND COUNSELORS AT LAW” ESTATE/MEDICAID PLANNING WILLS/TRUSTS/ESTATES INCOME TAX PREPARATION WEALTH MANAGEMENT RETIREMENT PLANNING ELDER LAW 369 Broadway Everett, MA 02149 (617)381-9600 JOSEPH D. CATALDO, CPA, CFP, MST, ESQUIRE. AICPA Personal Financial Specialist Designee Albert Nicholls and his instructor, Mrs. Saori DeSouza (Courtesy photo)
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