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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: claimed sale proceeds paid off appellant’s mortgage

Appeal 1318124

March 21, 2014 and May 15, 2014 MassHealth memos; Appeal 1318124

Fair Hearing Decision 1318124

Posted on March 21, 2014February 17, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: claim that appellant had mortgaged real estate when trust had done so, issue: claimed sale proceeds paid off appellant's mortgage, issue: language ignored if it defeats Medicaid eligibility standards, issue: life estate in trust, issue: no implied support for settlor, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: termination argued to be same as revocable, issue: trustee mortgaged real estate, issue: usage of home renders it available, issue: veto power over sale of real estate, MassHealth memo available, Radha TilvaTagged MassHealth lawyer claimed that sale proceeds paid off settlor's mortgage, when in fact mortgage was executed by trust.

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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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