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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: language not disregarded just because it renders principal unavailable

Appeal 1815328

Fair Hearing Decision 1815328

Posted on December 4, 2018August 2, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Cynthia Kopka, issue: arguably revocable, issue: language ignored if it defeats Medicaid eligibility standards, issue: language not disregarded just because it renders principal unavailable, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: nursing facility use of principal for appellant's care, issue: power of appointment, issue: power of appointment to charity, issue: retained control over trust

Appeal 1812309

Fair Hearing Decision 1812309

Posted on September 25, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: availability of principal to others does not mean it is available to grantor, issue: language not disregarded just because it renders principal unavailable, issue: power of appointment to charity, Tewksbury, Thomas J. GoodeTagged no circumstances allowing trust assets or income to be used for appellant's benefit.

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 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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