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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: intended estate tax inclusion

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 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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