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Massachusetts Medicaid Trust Law

Research MassHealth fair hearing decisions and legal positions taken by Office of Medicaid on trusts

Appeal 1311826

Fair Hearing Decision 1311826

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Posted on October 15, 2013October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to invest in income-producing assets, issue: ability to make unsecured loan, issue: basic common law and statutory laws of trusts not unchanged by Medicaid law, issue: can invest in annuities, issue: distributions to pay tax liabilities, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: termination argued to be same as revocable, issue: trustee removal power, issue: two distinct classes of beneficiaries, Springfield

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