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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 grantor trust treatment

Appeal 1703267

Fair Hearing Decision 1703267

Posted on April 13, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: intended grantor trust treatment, issue: power of appointment to charity, issue: trustee ability to allocate between principal and income, issue: trustee compensation, issue: trustee removal power, issue: usage of home renders it available, Sara E. McGrath

Appeals 1615066 and 1615650

Fair Hearing Decisions 1615066 & 1615650

Posted on March 13, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to invest in income-producing assets, issue: intended grantor trust treatment, issue: power to appoint trustee, issue: power to substitute assets, Springfield

Appeal 1607504

Fair Hearing Decision 1607504

Posted on July 14, 2016December 12, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: arguably revocable, issue: can invest in annuities, issue: intended grantor trust treatment, issue: no implied support for settlor, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: power to substitute assets, issue: retained control over trust, issue: termination argued to be same as revocable, issue: trustee ability to allocate between principal and income, issue: usage of home renders it available, Rebecca Brochstein

Appeal 1603821

Fair Hearing Decision 1603821

Posted on May 4, 2016September 15, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: intended grantor trust treatment, issue: retained control over trust, issue: usage of home renders it available, Stanley Kallianidis

Appeals 1501183 and 1501994

Fair Hearing Decision 1501183 and 1501994

Posted on April 28, 2015August 28, 2015 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: intended grantor trust treatment, issue: nominee trust and irrevocable trust, issue: retained control over trust, issue: usage of home renders it available, Stanley Kallianidis, Taunton

Appeal 1404746

Fair Hearing Decision 1404746

Posted on December 4, 2014May 14, 2015 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: children are contingent beneficiaries only, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: intended grantor trust treatment, issue: language ignored if it defeats Medicaid eligibility standards, issue: language not disregarded just because it renders principal unavailable, issue: life estate in trust, 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: settlor is sole vested lifetime beneficiary, issue: usage of home renders it available, Tewksbury, Thomas J. Goode

Appeal 1409508

Fair Hearing Decision 1409508

Motion to release MassHealth memo, Appeal 1409508

Larkin response to motion to release MassHealth memo, Appeal 1409508

MassHealth memo, Appeal 1409508

Response to MassHealth memo, Appeal 1409508

Posted on September 18, 2014December 11, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to make unsecured loan, issue: intended grantor trust treatment, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: retained control over trust, MassHealth memo available, Motion for due process available, Rebecca Brochstein, Response to MassHealth memo available1 Comment

Appeal 1406520

Fair Hearing Decision 1406520

Posted on June 23, 2014March 21, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: administrative amendment power, issue: can invest in annuities, issue: intended grantor trust treatment, issue: power of appointment, issue: power to appoint trustee, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: trustee ability to allocate between principal and income, issue: trustee removal power, Sara E. McGrath

Appeal 1402188

MassHealth memo on Appeal 1402188

Fair Hearing Decision 1402188

Posted on April 17, 2014November 4, 2015 by Brian E. BarreiraPosted in Christopher S. Taffe, issue: ability to make unsecured loan, issue: intended grantor trust treatment, issue: life estate in trust, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: trustee removal power, issue: veto power over sale of real estate, MassHealth memo available, Taunton

Appeal 1401170

Fair Hearing Decision 1401170

Posted on February 19, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to make unsecured loan, issue: can invest in annuities, issue: intended grantor trust treatment, issue: IRC section 121, issue: power of appointment, issue: power of appointment to charity, issue: presumption in federal law of countability of trusts, issue: retained control over trust, Rebecca Brochstein

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