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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: administrative amendment power

Appeal 1710198

Fair Hearing Decision 1710198

Posted on May 23, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: administrative amendment power, issue: availability of principal to others does not mean it is available to grantor, issue: can invest in annuities, issue: retained control over trust, Samantha Kurkjy, TewksburyTagged Heyn case, retention of certain powers does not equal access to assets, trustee may purchase annuities.

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 1603765

Fair Hearing Decision 1603765

Posted on May 2, 2016January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: administrative amendment power, issue: power to pay estate taxes, issue: power to substitute assets, issue: real estate tax deduction, issue: termination argued to be same as revocable, issue: trustee could pay debts of probate estate, issue: usage of home renders it available, Susan Burgess-Cox, Tewksbury

Appeal 1411682

Fair Hearing Decision 1411682

Posted on December 12, 2014April 24, 2015 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: administrative amendment power, issue: draftsperson testified about settlor's intentions, issue: power to substitute assets, issue: presumption in federal law of countability of trusts, issue: trustee ability to allocate between principal and income, Susan Burgess-Cox, Tewksbury1 Comment

Appeal 1406520

Fair Hearing Decision 1406520

Posted on June 23, 2014March 21, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: administrative amendment power, issue: can invest in annuities, issue: intended grantor trust treatment, issue: power of appointment, issue: power to appoint trustee, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: trustee ability to allocate between principal and income, issue: trustee removal power, Sara E. McGrath

Appeal 1401798

Fair Hearing Decision 1401798

Posted on April 4, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to make unsecured loan, issue: administrative amendment power, issue: basic common law and statutory laws of trusts not unchanged by Medicaid law, issue: intended estate tax inclusion, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: power to substitute assets, issue: presumption in federal law of countability of trusts, issue: trustee ability to allocate between principal and income, issue: usage of home renders it available, Springfield

Appeal 1205462

MassHealth memo on Appeal 1205462

Fair Hearing Decision 1205462

Posted on May 18, 2012October 27, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: administrative amendment power, issue: trust purpose was to remain in community, issue: trustee removal power, MassHealth memo available, Susan Burgess-Cox, Tewksbury

Categories

Fair Hearing Decisions
Fair Hearing Process
Hearing Location
- Chelsea
- Revere
- Springfield
- Taunton
- Tewksbury
Hearing Officer
hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
Special needs trust
Statutes and Cases for Appellants
Superior Court proceedings

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