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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: no implied support for settlor

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 1318124

March 21, 2014 and May 15, 2014 MassHealth memos; Appeal 1318124

Fair Hearing Decision 1318124

Posted on March 21, 2014February 17, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: claim that appellant had mortgaged real estate when trust had done so, issue: claimed sale proceeds paid off appellant's mortgage, issue: language ignored if it defeats Medicaid eligibility standards, issue: life estate in trust, issue: no implied support for settlor, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: termination argued to be same as revocable, issue: trustee mortgaged real estate, issue: usage of home renders it available, issue: veto power over sale of real estate, MassHealth memo available, Radha TilvaTagged MassHealth lawyer claimed that sale proceeds paid off settlor's mortgage, when in fact mortgage was executed by trust.

Appeal 1214578

Fair Hearing Decision 1214578

Posted on October 25, 2012October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: no implied support for settlor, issue: payment of maintenance costs by occupant not disqualifying tranfers, issue: power to pay estate taxes, issue: retained control over trust, issue: usage of home renders it available, Sara E. McGrathTagged MassHealth lawyer claimed that trust principal could be used to pay Appellant’s debts, whereas trust actually allowed estate tax payments after death..

Appeal 1115916

Fair Hearing Decision 1115916

Posted on January 25, 2012October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: can surrender life insurance policy, issue: no implied support for settlor, issue: power of appointment, issue: retained control over trust, issue: trustee ability to allocate between principal and income, Sara E. McGrath, 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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