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Massachusetts Medicaid Trust Law

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

Category: issue: ability to invest in income-producing assets

Appeal 1821006

Fair Hearing Decision 1821006

Posted on June 3, 2019August 6, 2019 by Brian E. BarreiraPosted in Alexandra Shube, Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: ability to make unsecured loan, issue: calculation of income that could be paid, issue: trustee power to loan money is not disbursement of principal, Tewksbury

Appeal 1904061

Fair Hearing Decision 1904061

Posted on June 3, 2019August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to invest in income-producing assets, issue: arguably revocable, issue: availability of principal to others does not mean it is available to grantor, issue: can invest in annuities, issue: power of appointment, issue: power of appointment to charity, issue: trustee compensation, Tewksbury

Appeal 1822146

Fair Hearing Decision 1822146

Posted on May 10, 2019August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: power of appointment, issue: power of appointment to charity, issue: trust can invest in life insurance, Rebecca Brochstein

Appeal 1818863

Appellant Brief 1818863

Fair Hearing Decision 1818863

MassHealth Brief 1818863

Posted on April 10, 2019September 10, 2019 by Brian E. BarreiraPosted in Alexandra Shube, Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: distributions to pay tax liabilities, issue: power of appointment, issue: power of appointment to charity, issue: retained control over trust, MassHealth memo available, Response to MassHealth memo available

Appeal 1806566

Fair Hearing Decision 1806566

Posted on November 14, 2018August 2, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: arguably revocable, issue: availability of principal to others does not mean it is available to grantor, issue: can invest in annuities, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: power of appointment to charity, issue: power to appoint trustee, issue: trustee removal power, Radha Tilva

Appeal 1806192

Fair Hearing Decision 1806192

Posted on April 26, 2018October 2, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: administrative amendment power, issue: distributions to pay tax liabilities, issue: funeral/burial expenses, issue: power of appointment to charity, issue: power to appoint trustee, issue: retained control over trust, issue: tax-reimbursement clause, issue: trustee compensation, issue: trustee could pay debts of probate estate, issue: trustee removal power, issue: usage of home renders it available, Stanley Kallianidis, Taunton

Appeal 1703267

Fair Hearing Decision 1703267

Posted on April 13, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: intended grantor trust treatment, issue: power of appointment to charity, issue: trustee ability to allocate between principal and income, issue: trustee compensation, issue: trustee removal power, issue: usage of home renders it available, Sara E. McGrath

Appeals 1615066 and 1615650

Fair Hearing Decisions 1615066 & 1615650

Posted on March 13, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to invest in income-producing assets, issue: intended grantor trust treatment, issue: power to appoint trustee, issue: power to substitute assets, Springfield

Appeal 1701593

Fair Hearing Decision 1701593

Posted on March 6, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: power of appointment to charity, issue: power to appoint trustee, issue: termination argued to be same as revocable, issue: trustee removal power, Springfield, Stanley Kallianidis

Appeal 1614792

Fair Hearing Decision 1614792

Posted on January 5, 2017May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: ability to make unsecured loan, issue: power of appointment, issue: power to appoint trustee, issue: usage of home renders it available, Sara E. McGrath

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