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Massachusetts Medicaid Trust Law
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Fair hearing decisions
Approval at Fair Hearing
issue: ability to invest in income-producing assets
issue: ability to make unsecured loan
issue: administrative amendment power
issue: arguably revocable
issue: basic common law and statutory laws of trusts not unchanged by Medicaid law
issue: can invest in annuities
issue: can surrender life insurance policy
issue: change from approval to denial on redetermination
issue: children are contingent beneficiaries only
issue: claim that appellant had mortgaged real estate when trust had done so
issue: claimed sale proceeds paid off appellant's mortgage
issue: distributions to pay tax liabilities
issue: draftsperson testified about settlor's intentions
issue: extrinsic circumstances; usage of gifted principal
issue: fiduciary duties of trustee unchanged by Medicaid laws
issue: fluid document giving maximum flexibility
issue: intended estate tax inclusion
issue: intended grantor trust treatment
issue: IRC section 121
issue: language ignored if it defeats Medicaid eligibility standards
issue: language not disregarded just because it renders principal unavailable
issue: life estate in trust
issue: no allowable principal distributions to any party
issue: no implied support for settlor
issue: nominee trust
issue: nominee trust and irrevocable trust
issue: oral agreement not in trust
issue: payment of maintenance costs by occupant not disqualifying tranfers
issue: power of appointment
issue: power of appointment to charity
issue: power to appoint trustee
issue: power to pay estate taxes
issue: power to substitute assets
issue: presumption in federal law of countability of trusts
issue: previous approval of trust
issue: prior breach of fiduciary duty
issue: real estate tax deduction
issue: retained control over trust
issue: self-support
issue: settlor is sole vested lifetime beneficiary
issue: special needs trust
issue: SSI comparability
issue: termination argued to be same as revocable
issue: trust can invest in life insurance
issue: trust purpose was to remain in community
issue: trustee ability to allocate between principal and income
issue: trustee compensation
issue: trustee could pay debts of probate estate
issue: trustee mortgaged real estate
issue: trustee removal power
issue: trustee testified
issue: two distinct classes of beneficiaries
issue: usage of home renders it available
issue: veto power over principal distribution to trustee
issue: veto power over sale of real estate
pourover to unfunded trust deemed testamentary trust
Denial at Fair Hearing
Partial Denial at Fair Hearing
Fair hearing process
MassHealth memo available
Motion for due process available
Motion for rehearing available
Response to MassHealth memo available
Subpoena available
Hearing Location
Chelsea
Revere
Springfield
Taunton
Tewksbury
Hearing Officer
Brook Padgett
Christopher Jones
Christopher S. Taffe
Cynthia Kopka
Jeanne Travers Jabour
Kenneth Brodzinski
Kim M. Larkin
Marc Tonaszuck
Patricia Mullen
Paul Moore
Radha Tilva
Rebecca Brochstein
Samantha Kurkjy
Sara E. McGrath
Stanley Kallianidis
Susan Burgess-Cox
Suzanne S. Davis
Thomas J. Goode
Zohra Aziz
Statutes and Cases for Appellants
Administrative consistency cases
Key MUTC provisions
Massachusetts trust cases
Non-Massachusetts trust cases
Superior Court proceedings
Superior Court loss
Superior Court motion for judgment available
Superior Court victory
issue: power to substitute assets
Appeal 1404930
Posted: May 29, 2014 in
Denial at Fair Hearing
,
Rebecca Brochstein
,
Tewksbury
Fair Hearing Decision 1404930
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