Page 10 THE SAUGUS ADVOCATE – FriDAy, MAy 29, 2026 SOUNDS | FROM PAGE 9 Masshealth Estate Recovery T 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 most immediate concern to the general public and to elder law attorneys. The Massachusetts statute specifi es that the state shall recover all MassHealth (Medicaid) benefits 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 co-payment for an indigent elder picked up by MassHealth or visiting nurse services to keep the elder at home. You should also note that MassHealth can seek recovery for the cost of care received at any age while you were permanently institutionalized. This would include repayment for services paid by MassHealth while you were in a nursing home. Since 1989, the general rule in Massachusetts has been that a creditor of the estate must bring his or her claim by filing 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 Personal Representative in a court of competent jurisdiction. The DMA’s chosen forum is the Boston Municipal Court. Our state legislature twenty two years ago had worked extremely hard in repealing previous legislation promulgated by the Romney administration which in eff ect expanded estate recovery to include assets beyond the decedent’s probate estate. The law had always provided 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 sought 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. (all asset types that avoid probate). The Romney administration’s new expanded recovery rules were slated to take eff ect on January 1, 2004. Subsequently, the state legislature delayed implementation until July 1 of 2004 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. Our state legislature then went a step further by repealing the expanded estate recovery provisions altogether. As of this writing, there is no indication that the Commonwealth of Massachusetts will be expanding estate recovery to include all assets the MassHealth recipient had an interest in at the time of his or her death in addition to his or her probate assets. MassHealth will not seek recovery if your probate estate is $25,000 or less. There are also several hardship exceptions to estate recovery which are important to keep in mind. The bottom line is to avoid probate at all costs if you or a loved one has been receiving MassHealth benefi ts. 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 masters degree in taxation. THE SOUNDS | SEE PAGE 11 forge and slitting mill at Saugus Ironworks, the old stone church in Boylston, MA with the US fl ag refl ected in the water, views of Acadia National Park in Maine, and many others taken throughout the seasons. Bird lovers will enjoy a bald eagle seeming to howl at the moon, a camoufl aged owl in a tree trunk, and many more. Other subjects include pollinators among blossoms and other wildlife. This display will run throughout May and June - be sure to get over and see it! • See Jonah Knight perform a magic show and facilitate a Dungeons and Dragons game! Please join us on Monday, June 22, at 4 p.m. in the Brooks Room. Suitable for fi fth grade and up; registration required. SAVE Annual Meeting June 16 Saugus Action Volunteers for the Environment will hold its 53rd Annual Meeting & Dinner on June 16 at 7 p.m. at Magia’s Restaurant & Bar (126 Newbury St., Danvers). A social time will be held at 6:30 p.m. The program will feature a brief business meeting, stewardship award, guest speaker, raffl es and an update on SAVE activities. The guest speaker will be Kirstie Pecci, Executive Director of Just Zero, a national zero waste, nonprofi t organization, who will be presenting on the topic “Massachusetts: Time to Change our Solid Waste System.” The Dinner Buff et will include fresh garden salad, penne with pomodoro, baked haddock, chicken parmigiana, vegetable, rolls and butter, dessert, coff ee and tea. Free parking is available on-site, and the facility is ADA accessible. Tickets are $38 per person payable by check or Venmo (@ SAVE-org) as soon as possible, but no later than June 1. Mail checks payable to “SAVE, Saugus” to SAVE Treasurer, Mary Kinsell, 11 Sunnyside Avenue, Saugus, MA 01906. Complete your forms online (https:// forms.gle/KEYAU8CUnAWhoxQEA). SAVE was founded in 1973 to promote a better quality of life in Saugus through environmental concern and action. Sa nr Sa a y Senior Seni by Jim Miller The Letter Your Loved Ones Will Treasure Dear Savvy Senior, I want to leave something meaningful for my children and grandchildren, beyond just money or property. I’ve heard about “legacy letters,” but I don’t really know what they are or how to start one. Can you help? --Legacy Seeker Dear Seeker, You’re asking a wonderful question. A legacy letter – sometimes called an ethical will – is a personal note to your loved ones where you can share your values, life lessons, cherished memories, hopes, and guidance. Unlike a traditional will, which focuses on legal matters, a legacy letter comes straight from the heart. Why write one? Many people think a legacy is just money or property. But often, it’s your words, values, and life lessons that leave the deepest mark. A legacy letter gives your family something to hold onto – your stories, your traditions, and the experiences that shaped who you are. Children and grandchildren often return to these letters for comfort, guidance, or inspiration long after you’re gone. In many ways, it becomes an emotional last will and testament, answering some of the most important questions about your life. A legacy letter can also help explain the “why” behind your estate plan in a personal, thoughtful way. While a will handles the legal and fi nancial details, a legacy letter adds context – why you made certain decisions or what you hope your loved ones will do with what you leave behind. That added perspective can ease misunderstandings, strengthen family connections, and leave a lasting sense of closeness. Getting started Take a moment to refl ect on what matters most to you. Consider asking yourself: What values or principles have guided my life? What moments or experiences am I most grateful for? What mistakes or regrets taught me the most? How do I hope to be remembered by my loved ones? What lessons, advice, or guidance do I want to leave for my family? Which family traditions, stories, or dreams do I want future generations to carry forward? Keep it personal and sincere. You can write one letter or several for diff erent family members. Most letters run one to three pages, though there’s no strict rule. If you’d like a little guidance as you get started, Trust & Will has a free legacy letter writing guide with step-by-step prompts to help you organize your thoughts and begin writing. You can fi nd it at trustandwill.com/learn/legacy-letter-writing-guide. If writing isn’t your thing, consider creating a legacy video. Speak directly to your loved ones, sharing stories, guidance, and heartfelt refl ections. Most smartphones now record high-quality video and sound, making it easy to create, store, and share. A video captures your voice, expressions, and surroundings in a way that a letter simply can’t. Storing and sharing Keep letters or videos in a safe, easy-to-find spot. Physical letters can go in a secure fi le, safe, or with your attorney, while digital fi les can be backed up to the cloud or an external drive. You can share them now or wait until later, after you’re gone. Be sure to include instructions in your will so family members know where to fi nd them. When it comes down to it, a legacy letter or video is truly the heart behind your will. It gives you the chance to share your values, tell your stories, and even explain the intentions behind your estate plan, leaving your loved ones with words that will matter long after you are gone. Written with generosity, empathy, and positivity, a few thoughtful pages or a short video can create an emotional imprint that money alone cannot provide. Send your questions or comments to questions@savvysenior.org, or to Savvy Senior, P.O. Box 5443, Norman, OK 73070. nior ior
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