THE SAUGUS ADVOCATE – FriDAy, AUGUST 29, 2025 Page 19 Sa nr Sa a THE HEYN MASS APPEALS COURT CASE A Massachusetts Appeals Court Judge back in 2016 held against MassHealth with respect to the countability of assets housed in an irrevocable Trust. It is well settled law that for purposes of determining eligibility for MassHealth benefits, countable assets include any portion of the Trust principal that could under any circumstances be paid to or for the benefi t of the applicant. Such circumstances need not have occurred, or even be imminent, in order for the principal to be treated as countable assets; it is enough that the amount could be made available to the applicant under any circumstances. This was set forth in the Heyn case, a Massachusetts Appeals Court case decided in 2016, which reversed the prior Superior Court judgment. In the Superior Court case, the applicant had retained a limited or special power of appointment in the Trust that she created that she could have exercised during her lifetime “to appoint the remaining principal and any undistributed income of the Trust among the members of the class consisting of her issue of all generations or charitable organizations other than governmental entities, but no such power or payment shall be used to discharge a legal obligation of the applicant”. In a simple sense, appoint is another word for distribute and an example of issue would be children or grandchildren. MassHealth argued that if the applicant appointed Trust principal to family members, those family members could then in turn return the Trust principal to the applicant to be used for her benefi t. The Appeals Court SOUNDS | FROM PAGE 18 donation is required to enter your pet. The Friends will use the proceeds for park activities and future events. Cash or check. No Venmo. Prizes will be awarded for Best Costume, Best Silly Pet Trick and Best Perin Heyn stated that “Medicaid does not consider assets held by other family members who might, by reason of love, but without legal obligation, voluntarily contribute monies toward the grantor’s support”. The grantor of the Trust is also referred to as the Settlor or Donor, and in this case, was the applicant for MassHealth benefi ts as well. The court also stated that “the limited power of appointment is exercisable only in favor of permissible appointees, and any attempt to exercise a limited power of appointment in favor of an impermissible appointee (i.e. to use principal for the personal benefi t of the grantor), is therefore invalid. An appointment to a permissible appointee is ineff ective to the extent that it was: 1.Conditioned on the appointee conferring a benefi t on the impermissible appointee 2.Subject to a charge in favor of an impermissible appointee 3.Upon a trust for the benefi t of an impermissible appointee 4.In consideration of a benefi t conferred upon or promised to an impermissible appointee 5.Primarily for the benefi t of the appointee’s creditor, if that creditor is an impermissible appointee, or 6.Motivated in any other way sonality. Raffl e prizes are open to all who donate. For more information, please call Joyce at 781-233-1855, extension 1019, or Lisa Mirasola at 781808-7817. Buy-A-Brick for a veteran The Saugus War Monument to be for the benefi t of an impermissible appointee. The above six items are set forth in the Restatement (Third) of Property and the Superior Court judge held that MassHealth cannot argue that Trust principal could ever be distributed to a permissible appointee in order to benefi t the applicant and held that none of the Trust principal was countable. The applicant then qualifi ed for MassHealth benefi ts. In the case at hand, no principal could under any circumstances be appointed to the applicant. The applicant clearly was not a permissible appointee. If she was, her retained right would have been deemed a general power of appointment thereby providing her a right to receive Trust principal. This case is important to keep in mind as the Trustee of an irrevocable Trust would have the right to distribute some or all of the principal to children or grandchildren, for example, thereby allowing access to the assets housed in the Trust by children or grandchildren. The Court in Heyn is stating that this does not rise to the level of allowing principal distributions to the Settlor/Donor of such irrevocable Trust. The children or grandchildren might, for love and affection, decide to gift some or all of the assets back to the Settlor/Donor, but are under no such legal obligation to do so. They might just decide to spend all of the money themselves. 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. Committee, once again, is sponsoring the Buy-A-Brick Program to honor all those who have served their country. If you would like to purchase one in the name of someone who is presently serving or has THE SOUNDS | SEE PAGE 22 y Senior Seni by Jim Miller How to Find a Great Handyman Dear Savvy Senior, What’s the best way to find a good handyman or tradesman that can help with small jobs around the house? Almost 75 Dear Almost, It’s a great question. Finding a good home repair/handyman can be a bit of a crapshoot. How do you fi nd someone who will return your calls or texts, show up on time, do the job right and fi nish it, all at a fair price? Here are a few tips and resources that can help you search. What Kind of Help While it may seem obvious, whom you call on for help will depend on what you need done. If, for example, you have an odd job or small home repair project that doesn’t require a lot of technical expertise, a handyperson may be all you need. But if you have a job that involves electricity, plumbing, or heating or cooling systems, you’re better off going with a licensed tradesman. Bigger jobs like home renovations or remodeling may require a general contractor. Where to Find a Pro Whatever type of work you need, the best way to find it is through referrals from people you trust. If your friends or family don’t have any recommendations turn to professionals in the fi eld like local hardware or home improvement stores, or even real estate agents. If you don’t have any luck here, there are a number of online resources you can turn to that can quickly connect you to a wide variety of skilled workers in your area. If you need someone for a home chore or small job, a popular option is Taskrabbit (taskrabbit.com), which lists thousands of freelance workers (called Taskers) that have undergone background checks. Here you can get help with things like furniture assembly; lifting or moving heavy items; mounting or hanging TVs, shelfs or pictures; minor home repairs; cleaning services; yard work and more. Taskers set their own hourly rates, which are displayed on their website before you book. Some other good options for locating handypeople are fi x-it franchises like Ace Handyman (acehandymanservices.com) and Mr. Handyman (mrhandyman.com). These companies vet and insure their staff , but they may be more expensive than Taskrabbit. Or, if you use social networking sites, you could also post a request for a handyperson in your Facebook group or on Nextdoor (nextdoor. com). If, however, you’re in the market for specialist like a plumber, electrician, painter, roofer or carpenter as well as a handyperson, try Angi (angi.com). They too, vet their independent contractors, and will let you request quotes from several candidates. Thumbtack (thumbtack.com) is another good resource that’s similar to Angi, but they off er more details like average response time, specifi cs about the work they do, and photos of past projects. Things to Know Once you’ve located a few candidates, here are some steps you can take to protect your money and ensure you’re satisfi ed with the results. First, get a handwritten estimate or digital contract that list the tasks and the hourly rate or project fee. Also, ask to see their proof of insurance, which covers any damages they may cause while working on your home, and ask for several references from past jobs. You should also pay after the work is done, not before. But it’s not unusual to be asked for a small deposit for material costs upfront. And if possible, you should pay with a credit card, because you can dispute the payment if something goes wrong with the job. Checks and electronic payments like PayPal, Venmo and Zelle don’t off er the same level of protection. Send your senior questions to: Savvy Senior, P.O. Box 5443, Norman, OK 73070, or visit SavvySenior.org. Jim Miller is a contributor to the NBC Today show and author of “The Savvy Senior” book. nior ior
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