Monteforte Law October 2019

Conquering Fears Halloween Memories and Rolling With the Tricks of Change www.MonteforteLaw.com (978) 653-4092 Practical wisdom, trusted advice.

October 2019

I had a foolproof way of acquiring more candy on Halloween when I was a kid. When I was growing up in a small neighborhood with a maze of dead-end streets, there were only so many houses we could hit up for candy each Halloween before running out of choices. To combat this, my friends and I would make our first round through the neighborhood with our parents, run home to change costumes, and head back into the night to get more candy. Every year, we ended the night with huge bags of candy that were sure to last months. We were geniuses! As an adult, I now know our very nice neighbors knew exactly who we were and what we were doing. They were still very neighborly and appeased a few little kids in masks just looking for extra candy. Regardless of who knew what, it was still a fun tradition. When my children were babies and toddlers, I still managed to finagle a few treats out of Halloween. My wife and I would dress them up in cute costumes and pull them around our neighborhood in the back of a wagon. Of course, most of the candy they acquired became a stash for my wife and me since our kids couldn’t eat that much candy at that age. Instead, it was our little reward! As our kids grew up, we took them out trick-or-treating more frequently, and, as their pumpkin-carving abilities grew, so did they. This last year, my wife and I spent our first Halloween handing out candy in 15 years while our kids enjoyed the night with their friends. Since they’re both in high school now, I’m not sure either one will go trick-or-treating this year. It’s bittersweet to see that part of my life closing, but I’m sure I can still find ways to sneak a few pieces of candy for myself. (I’m only half-kidding, of course.) Change is an inevitable part of life, but that doesn’t make it any less scary. Every day, I work with older adults and their children who are worried about what the future may hold. Everyone is nervous at the first meeting, and that’s understandable. We’re talking about the money and assets they have been acquiring their whole life, their long- term care, and their eventual death. These are big topics that require deep conversations, and it’s my job to help people conquer these issues and their fears. Our trick for those treats didn’t last too long.

Some of the kids’ costumes over the years!

I start by trying to lighten the mood. I make little jokes and remind them that we’re all human. If I can get them to laugh or smile a bit, the tension in the room dissipates, and we can work toward a solution. As we walk through their situation, I find little ways to ease their worries. Together, we can come up with a plan for the problems keeping them up at night. We will find a solution, and, while some situations may seem more dire than others, we can find peace of mind. Those fears are normal, but, if I can offer families a way through the many tricks of asset protection and get them to the treats of their golden years together, then I’ve done my job.

-Michael Monteforte Jr.

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PRESIDENT ADAMS’ JOURNEY TO THE CENTER OF THE EARTH Ambassador to the Mole People

Today, some of the most fantastic discoveries are being made in the far reaches of space, but there was a time when people were more interested in what was going on beneath their feet. In the early 1820s, a United States army officer named John Cleves Symmes Jr. traveled the country teaching audiences about the Hollow Earth Theory. Symmes and some others at the time believed the Earth was made up of several solid spheres, one inside of another. They also believed each of these subterranean worlds was habitable and full of life. This is

the national observatory, and secured funding for the Smithsonian Institution. It’s possible Adams’ interest in Symmes’ trip to the North Pole was less about the Hollow Earth Theory and meeting the mole people than his larger interest in learning more about such a remote part of the world. However, Adams’ reputation as a naturalist didn’t protect him from scrutiny.

Even in the early 1800s, the Hollow Earth Theory was like the Flat Earth Theory today; there were a couple avid supporters, but most people

where the myth of the mole people originated. Symmes wanted to lead an expedition to the North Pole, where he believed he would find an entrance to the center of the Earth. He went to Congress and lobbied for money to fund his expedition. Congress shot him down, but Symmes found an ally in an unlikely place: President John Quincy Adams. John Quincy Adams was the sixth president of the United States and son of the second president and founding father, John Adams. He traveled the world with his father, graduated from Harvard with honors, helped create

knew it was ridiculous. Having a sitting U.S. president greenlight the expedition was shocking. However, you didn’t learn about Symmes’ expedition in your history class for a reason. Adams wasn’t a popular president, and not just because he might have wanted to meet the mole people. He only served one term. By the time the expedition started to get off the ground, Andrew Jackson had been elected, and he quickly killed the project. In 1936, Congress would approve funding for an expedition to the South Pole, though this expedition focused on exploring the surface of the Earth, not what is underneath it.

Halloween Decorations or Fighting Words? A GRAVE LEGAL MATTER

We’ve all played a harmless trick or two, but sometimes, Halloween shenanigans get out of hand. They can lead to hurt feelings, outraged neighbors, and, in the case of Purtell v. Mason, a lawsuit. In the days leading up to Halloween, all was not quiet in the village of Bloomingdale. Previously parked in a storage unit, Jeff and Vicki Purtell’s 38-foot RV was now parked in front of their house. In protest, neighbors petitioned to town officials, wanting an ordinance put in place to prohibit RV parking on residential property. While the ordinance was under consideration, Jeff Purtell took matters into his own hands. He erected six wooden tombstones in his front yard. They seemed to be innocuous Halloween decorations, but these

tombstones displayed a special message for the neighbors. Each headstone was inscribed with a sarcastic message and house number, implying the occupants’ death dates. These messages soon caught the neighbors’ attention.

“Bette wasn’t ready, but here she lies, ever since that night she died. Twelve feet deep in this trench, still wasn’t deep enough for that stench! 1690.”

Insulted and a little afraid, Purtell’s neighbors called the police to have the headstones removed. After a couple of visits, Officer Bruce Mason arrived and threatened to arrest Purtell if he didn’t take the tombstones down. Purtell obliged, but the matter wasn’t put to rest. The Verdict Purtell sued Officer Mason on the grounds of violating his rights to free speech, and the case made it all the way to the 7th U.S. Circuit Court of Appeals. Judge Sykes ruled that the tombstones did not constitute fighting words and were protected under the First Amendment. However, she also ruled that Officer Mason was entitled to qualified immunity, as any reasonable officer would act the same under the circumstances. The bigger question might be how this case made it all the way to the U.S. Court of Appeals. As Judge Sykes wrote in her opinion, “Lawsuits like this one cast the legal profession in a bad light and contribute to the impression that Americans are an overlawyered and excessively litigious people.”

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TAKE A BREAK

TAILS FROM THE PAST Mythical Cats of the World

Most owners will tell you their cats act like ancient deities. Majestic, scrupulous, and utterly unpredictable, these fascinating creatures have long captured our imaginations. Even before cat videos took the internet by storm, humans have been idolizing felines, placing them alongside some of their most important mythological figures. Bastet — Egypt Of course, a list of mythical cats has to start with Egypt. While many people know the pharaohs and their followers thought cats were sacred, you may be surprised by how deep the connection goes. The earliest depiction of Bastet, the feline deity of protection, is a lion- headed woman in battle. But, over the course of 2,000 years, Bastet evolved to resemble the domesticated, pointy-eared cats we know and love today. 招き猫 (Maneki-Neko) — Japan Legend has it that in the 17th century, a monk living in a small temple in Edo (now Tokyo) was struggling to survive, but he still split his meals with his cat, Tama. One day, Lord Nakaota Ii got caught in a rainstorm while hunting and took shelter under a tree near the temple. Nakaota spotted Tama near the temple, and the cat raised its leg, beckoning the noble to come toward him. Curious, Nakaota complied, stepping out from beneath the tree just before a bolt of lightning struck it down. The lord’s life was saved, and to this day, the Maneki-Neko (the beckoning cat) is a symbol of wealth and good fortune. Freya’s Skogkatts —Norway In Norse folklore, the goddess Freya had a unique means of travel: a chariot pulled by two cats. These were skogkatts, or Norwegian Forest cats, that were only a little larger than your average house cat. Still, these small felines towed Freya around battlefields as she gathered warriors to send to Valhalla. On top of being the goddess of war, love affairs, and magic, Freya may well have been Midgard’s first cat lady.

LEFTOVER CANDY SNACK MIX

Inspired by Food &Wine Magazine

Ingredients

2 cups mini pretzels, coarsely broken

6 tbsp unsalted butter, melted

12 oz mini candy bars, such as Snickers, chopped into 1/2-inch pieces

1/4 cup light brown sugar

2 tbsp granulated sugar

1/3 cup dry milk powder

Directions

1. Heat oven to 275 F. 2. In a large mixing bowl, fold together pretzels, sugars, milk powder, and butter. 3. Spread mixture on a baking sheet lined with parchment paper and bake for 20 minutes. 4. Let cool for at least 30 minutes and mix in candy bar pieces before serving.

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(978) 653-4092 www.MonteforteLaw.com 1 Church Street, Ste. 102 Wilmington, MA 01887 INSIDE THIS ISSUE   

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Spooky Memories and Futures

Weird History: The President and the Hollow Earth Grave Matters of the Law

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Leftover Candy Snack Mix Amazing Cat Tales

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3 Strategies for Helping Grandkids Pay for College

DON’T LET MONEY GET IN THE WAY Of Your Grandchild’s Education

Pay their tuition. Not everybody has $20,000 just lying around, but if you do, using it to pay for your grandchild’s tuition isn’t a bad way to spend it. Normally, annual financial gifts that are exempt from the federal gift tax can’t exceed $15,000, but payments toward someone’s tuition, for any amount, are not taxed. Keep in mind, however, that the money can only

College expenses aren’t what they used to be. What used to be affordable to any student with a part-time summer job now can take years to pay off. If your grandkids want to go to college, the cost of education should not be a barrier to their future. Luckily there are ways that you can help ease that financial burden.

Invest in a 529 Plan. There are no limits on age, income, or monetary contributions attached to this college savings account, and contributions are tax-deductible in some states. Just like a Roth IRA, the earnings grow over time and can be used tax-free for qualifying expenses, like tuition and room . There are a few downsides, however. Funds from a grandparent’s 529 Savings Plan are considered student income and could hurt your student’s eligibility for financial aid. If you choose to fund through a parent’s 529 Plan, which doesn’t count as student income, you lose control over the funds you contribute.

go toward tuition, not toward other college expenses like room and board or textbooks.

Help them find opportunities to save. Even if you don’t have thousands of dollars to give, you can still help your grandkids look for other opportunities to save. There are thousands of available scholarships, grants, and programs to help students pay for college, and helping them look online and in your community can go a long way. College could be your grandchild’s first stop on the path to achieving their dreams. You can be a part of that journey by making sure money doesn’t get in the way of that.

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