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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: can invest in annuities

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 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 1806325

Fair Hearing Decision 1806325

Posted on October 9, 2018August 2, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: fluid document giving maximum flexibility, issue: power of appointment, Samantha Kurkjy, Tewksbury

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 1800964

Fair Hearing Decision 1800964

Posted on February 16, 2018May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: power to pay estate taxes, issue: tax-reimbursement clause, issue: trustee could pay debts of probate estate, Rebecca Brochstein, Tewksbury

Appeal 1705787

Fair Hearing Decision 1705787

Posted on June 2, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Cynthia Kopka, issue: can invest in annuities, issue: nominee trust and irrevocable trust, Tewksbury

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 1613879

Fair Hearing Decision 1613879

Posted on December 9, 2016May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: power of appointment, issue: trustee removal power, Samantha Kurkjy, Tewksbury

Appeal 1612804

Fair Hearing Decision 1612804

Posted on October 28, 2016May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Christopher Jones, issue: ability to make unsecured loan, issue: can invest in annuities, issue: retained control over trust, issue: trustee ability to allocate between principal and income, Tewksbury

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