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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
    • Uncategorized

Appeal 1603430

Posted: June 8, 2016 in Approval at Fair Hearing, Chelsea, issue: can invest in annuities, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: power to appoint trustee, issue: power to substitute assets, issue: termination argued to be same as revocable, issue: trustee removal power, Stanley Kallianidis

Fair Hearing Decision  1603430

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