THE REVERE ADVOCATE – FRIDAY, JULY 15, 2022 Page 17 CREDITOR CLAIMS AGAINST THE PROBATE ESTATE G enerally, a creditor of a Massachusetts decedent has one year from the date of death to fi le a claim against the decedent’s estate. In years past, the time period within which to fi le a claim commenced when the Personal Representative was actually appointed by the Probate Court. Under the Massachusetts Uniform Probate Code (MUPC), which was eff ective on March 31, 2012, creditors now have one year from the date of death to fi le a claim against the estate. The purpose of the one year from the date of death provision is to promote the quick settlement of estates by allowing the Personal Representative of the estate to pay claims and to make distributions after one year from the date of death without the risk of being held accountable to a creditor. It is not enough for the creditor to simply provide notice of the claim to the Personal Representative, or even to just fi le a Notice of Claim in the probate court. MUPC Section 3-803(a) provides that, before the oneyear period expires, the creditor must bring an action against the Personal Representative in the appropriate court, serve the Personal Representative with process by in hand delivery, and fi le a Notice of Claim with the Probate Court setting forth the creditor’s information and the amount of the claim. It often occurs that there is no estate to be probated or, even if there is a probate estate, the proceedings do not commence until after Metro Mayors urge MBTA to restore service levels, financial commitment T he Metropolitan Mayors Coalition has advocated for a one year from the date of death. In this case, the creditor is out of luck and any subsequent claim would be barred. If a creditor is aware of the decedent’s death and the probate process has not commenced, the creditor has the right to petition the Probate Court in order to seek the appointment of a suitable Personal Representative. In this situation, the creditor would be aware that probate assets do indeed exist and that the dollar amount of the claim justifi es the expenses to be incurred. The MUPC puts the onus on the creditor to learn of the decedent’s death and to take action accordingly before the statute expires. It should not be too diffi cult for the creditor to followup when no payments on the debt have been made. Furthermore, with today’s easy access to the internet, a quick google search of the debtor’s name and address would provide the date of death of the decedent. It is important for Personal Representatives to be aware of this one-year statute before fi nal estate distributions are made. 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. ELECTION | FROM Page 1 John Powers, former Councillor-at-Large Linda Santos Rosa, and Ron Clark, who ran against Fiore and Powers last year. There will be no primary, with the top vote getter of all certifi ed candidates on Tuesday, July 19 earning the right to fi ll out the remainder of Fiore’s term. Powers was the longtime Ward 5 councillor before losing to Fiore last fall. “I especially pride myself for serving as a full-time City Councilor – that is my only job,” Powers stated. “I truly enjoy spending every day working on important city issues and providing constituent services. If you see fi t to re-elect me in this Special Election, I pledge to remain accessible to all Revere citizens, easily reachable, and unfailingly responsive to anyone who needs my assistance, who has fully funded, safe, reliable, frequent, and accessible transportation system since the Coalition was founded in 2001. The MBTA is a lifeline for our residents, providing access to jobs, school, shopping, recreation, and services. Bolstering use of transit is also a key element of the Commonwealth’s plans to reduce Greenhouse Gas (GHG) emissions. When service is reduced, so is our entire region’s quality of life, as residents are forced to make compromises that only serve to hurt our economy, the environment, or both. Given these priorities, we urge swift action to restore the MBTA’s service levels, along with a longer-term fi nancial commitment so that we can usher in a strong and equitable recovery for our residents and our region. Many of the residents who rely on the T are the same people that we lauded as “essential workers” during the height of the pandemic. A well-functioning and safe MBTA is what allowed them to get to work and is a critical component of a strong recovery. Now, the MBTA is cutting service to address critical safety issues, many of which were originally cited in the 2019 report of the Safety Review Panel established by the Fiscal Management and Control Board (FMCB). This Coalition, in the summer of 2020, encouraged the T to implement some of these changes during the pandemic when ridership was lower. Financial resources are necessary to implement a myriad of safety recommendations, including those recommendations that will be forthcoming from the Federal Transit Administration (FTA). We urge the Legislature and Governor Baker to invest substantial dollars from the state’s current budgetary surplus to allow the MBTA to address all signifi cant safety concerns and to restore service at the earliest possible date. We hope the Legislature passes additional funds for MBTA safety upgrades in the Transportation Bond Bill currently before it. In addition to these funds, we urgently need a long-term sustainable funding source to continue uninterrupted service in the years ahead. This Coalition has always called for additional investments in MBTA operations, maintenance, and repair, to ensure that transitdependent and low-income residents can access the T without serious fi nancial burden. We are committed to working with the T to take steps to protect low-income riders by creating a meanstested fare program. METRO | SEE Page 19 Revere Students Who Made the UMass Amherst Spring 2022 Dean’s List AMHERST, Mass. – Below is a list of local students who were named to the dean’s list at the University of Massachusetts Amherst for the spring 2022 semester. In order to qualify, an undergraduate student must receive a 3.5 grade-point average or better on a four-point scale. REVERE Melisa Avdic Kevin Alfred Bardhi Leila Cesic Sydney Elise Ciano Jimmy Luis Dubon James William Elfman Sonia Yanira Hercules Mancia Ergi Ismahili Greis Kasofo a question or concern, or who just wants his or her voice heard.” Clark is a lifelong Point of Pines resident and served as commodore of the Point of Pines Yacht Club for nine years. Clark is a graduate of Northeast Metropolitan Regional Vocational High School and has been employed as a Technology Manager for major corporations for over 40 years. Clark stated he will use these skills that he has learned and create and maintain Eve Lyn Lescovitz Noah Henry Levitt William Ly Byungkwon Moon Sarah Essah Rashid Milton Xavier Rios Jhonnatan Ismael Rivera Michael Joseph Roncevich Eleejah Serafi n Rosa Sari Saint-Hilaire Karen Judith Santiago Martinez Anas Sbai Andrew M Simonton Baron Tran Amelia Rose Viscay SAUGUS Serena Marie Cacciola Jaleen Rose Cornejo Jennifer Grace Costa strong communication with the residents of Ward 5 and make certain that they stay informed about projects and programs that will impact them directly. Santos Rosa was a city councillor for six years and on the School Committee for four years. She was the fi rst woman elected citywide to the City Council in Revere’s history. Santos Rosa has stated that she wants to see infrastructure improvements in the ward, from Christopher John Denovellis Ronald DiBiasio Jr Christopher Todd Fioravanti Ava Eileen Fiorino Shaylin Elisabeth Groark Jhoom S Jain Josh Jain Jenna Susan Linehan Gianna Rose Macone Andrew Ryan Mann Nyley Kendra Moise Dorothy-Jean E. Munafo Anamaria Omeraj Nicole C Orent Emma Rose Peacock Vi Nhat Pham Kayla Michelle Riera Matthew James Roscoe Sophia Kay Struzziero Samantha J Szczesny Favio Vreka Caitlin Debra Wright sidewalks and street repairs to other renovations and upgrades. In addition to upgrades to Gibson and Sagamore Parks, she said, she would also like to see more programming and events there for kids and teens. Polling locations are the Point of Pines Yacht Club for Precinct 1, the Jack Satter House for Precincts 1A and 2, the Turkish Cultural Center for Precinct 2A and Revere High School for Precinct 3.
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