THE SAUGUS ADVOCATE – FriDAy, JAnUAry 3, 2025 Page 19 HISTORY | FROM PAGE 14 chief of the fire department. In 1896, other provisions were made, and seizing the opportunity, he moved the police department from the basement of the Town Hall to two rear rooms on the first floor of the Town Hall that he now shared with Judge William E. Ludden. One of his first acts as police chief was to petition the Town in the purchase of an ambulance. Another concern that he adSPOUSE ELECTING AGAINST THE WILL I n order to help offset 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 filed 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 specified time period if it is to be effective. 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 Once made, the claim cannot be withdrawn and must be absolute.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 benefits 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 benefit 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 first $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 first $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 benefit. 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 masters degree in taxation. dressed was the serious problem of small jail cells. The three wooden cells in the basement of the Town Hall, constituting detention quarters, measured just five feet and four inches. Knowing that there would be trouble if the police took into custody anyone who stood six feet or more in his stocking feet, he scrimped sufficient funds out of his police department appropriation to construct six commodious cells so that the police station became the most modern in the Commonwealth. Strangely enough, the voters of Saugus did not have a chance to debate the matter until after all the work had been completed. Another “first” under Chief Thompson was the hosting of the first Grand Ball, sponsored by the Saugus Police Relief AsHISTORY | SEE PAGE 20 - LEGAL NOTICE - COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT PROBATE AND FAMILY COURT Essex Probate and Family Court 36 Federal Street Salem, MA 01970 (978) 744-1020 Docket No. ES24P3759EA Estate of: Frank Joseph Pantalone Also known as: Frank J. Pantalone Date of Death: 08/28/2024 CITATION ON PETITION FOR FORMAL ADJUDICATION To all interested persons: A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Richard M. Magnan of Saugus, MA requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. The Petitioner requests that: Richard M. Magnan of Saugus, MA be appointed as Personal Representative(s) of said estate to serve Without Surety on the bond in unsupervised administration. IMPORTANT NOTICE You have the right to obtain a copy of the Petition from the Petitioner or at the Court. You have a right to object to this proceeding. To do so, you or your attorney must file a written appearance and objection at this Court before: 10:00 a.m. on the return day of 01/24/2025. This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding. If you fail to file a timely written appearance and objection followed by an affidavit of objections within thirty (30) days of the return day, action may be taken without further notice to you. UNSUPERVISED ADMINISTRATION UNDER THE MASSACHUSETTS UNIFORM PROBATE CODE (MUPC) A Personal Representative appointed under the MUPC in an unsupervised administration is not required to file an inventory or annual accounts with the Court. Persons interested in the estate are entitled to notice regarding the administration directly from the Personal Representative and may petition the Court in any matter relating to the estate, including the distribution of assets and expenses of administration. WITNESS, Hon. Frances M. Giordano, First Justice of this Court. Date: December 20, 2024 PAMELA A. CASEY O’BRIEN REGISTER OF PROBATE January 03, 2025
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