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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: extrinsic circumstances; usage of gifted principal

Appeal 1717990

Fair Hearing Decision 1717990

Posted on March 6, 2018May 31, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: extrinsic circumstances; usage of gifted principal, issue: power of appointment, issue: power to pay estate taxes, issue: prior breach of fiduciary duty, issue: trustee could pay debts of probate estate, issue: usage of home renders it available, Springfield, Stanley Kallianidis

Appeal 1609344

Fair Hearing Decision 1609344

Posted on August 12, 2016May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Christopher Jones, issue: extrinsic circumstances; usage of gifted principal, issue: trustee ability to allocate between principal and income, issue: trustee compensation, Tewksbury

Appeal 1511164

Fair Hearing Decision 1511164

Posted on February 4, 2016September 20, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Christopher Jones, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: extrinsic circumstances; usage of gifted principal, issue: power of appointment to charity, issue: prior breach of fiduciary duty, issue: retained control over trust, issue: SSI comparability, issue: trustee removal power, Tewksbury

Appeal 1513465

Fair Hearing Decision 1513465

Posted on November 19, 2015September 20, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Christopher Jones, issue: extrinsic circumstances; usage of gifted principal, issue: prior breach of fiduciary duty, Tewksbury

Appeal 1303372

Fair Hearing Decision 1303372

Posted on April 18, 2013October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: extrinsic circumstances; usage of gifted principal, issue: oral agreement not in trust, Sara E. McGrath

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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