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Massachusetts Medicaid Trust Law

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

Appeal 1402348

Fair Hearing Decision 1402348

April 1, 2014 MassHealth memo; Appeal 1402348

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Posted on May 19, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, 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: children are contingent beneficiaries only, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: life estate in trust, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: settlor is sole vested lifetime beneficiary, issue: termination argued to be same as revocable, issue: veto power over sale of real estate, MassHealth memo available, Springfield

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