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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: draftsperson testified about settlor’s intentions

Appeal 1608521

Fair Hearing Decision 1608521

MassHealth memo #2

Appellant’s redacted memo #1

MassHealth memo on Appeal 1608521

Posted on August 22, 2016December 20, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: draftsperson testified about settlor's intentions, issue: life estate in trust, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: retained control over trust, issue: SSI comparability, issue: usage of home renders it available, MassHealth memo available, Paul Moore, Response to MassHealth memo available, Taunton

Appeal 1516247

Fair Hearing Decision 1516247

MassHealth Memo

Applicant reply to Commonwealth regarding subpoena

Commonwealth’s reply to subpoena

Posted on January 26, 2016May 23, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: can invest in annuities, issue: distributions to pay tax liabilities, issue: draftsperson testified about settlor's intentions, issue: language ignored if it defeats Medicaid eligibility standards, issue: power of appointment, issue: power of appointment to charity, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: trustee ability to allocate between principal and income, issue: usage of home renders it available, Radha Tilva, Subpoena available

Appeal 1509449

Fair Hearing Decision 1509449

Posted on September 8, 2015February 24, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: draftsperson testified about settlor's intentions, issue: life estate in trust, issue: trustee ability to allocate between principal and income, issue: usage of home renders it available, Radha Tilva

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 1314721

Fair Hearing Decision 1314721

Posted on November 19, 2013October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: draftsperson testified about settlor's intentions, issue: intended estate tax inclusion, issue: intended grantor trust treatment, issue: IRC section 121, issue: language not disregarded just because it renders principal unavailable, issue: power of appointment, issue: power to pay estate taxes, issue: trustee ability to allocate between principal and income, issue: trustee testified, Kenneth Brodzinski, 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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