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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: nominee trust and irrevocable trust

Appeal 1823773 & 1824521

Fair Hearing Decision 1823773 & 1824521

Posted on June 25, 2019August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: arguably revocable, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: power of appointment to charity, Scott Barnard, Taunton

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 1806566

Fair Hearing Decision 1806566

Posted on November 14, 2018August 2, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: arguably revocable, issue: availability of principal to others does not mean it is available to grantor, issue: can invest in annuities, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: power of appointment to charity, issue: power to appoint trustee, issue: trustee removal power, Radha Tilva

Appeal 1802399

Fair Hearing Decision 1802399

Posted on October 4, 2018January 10, 2019 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: nominee trust and irrevocable trust, issue: power of appointment to charity, Stanley Kallianidis, TauntonTagged assets not countable, assets unavailable, distributions are to children not to appellant, nonprofits and nursing homes not synonymous with charity, right of appointment is to charity.

Appeal 1809786

Fair Hearing Decision 1809786

Posted on July 31, 2018January 10, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: nominee trust and irrevocable trust, issue: termination argued to be same as revocable, Paul Moore, TauntonTagged all beneficiaries required to agree and no evidence they would, appellant could not unilaterally terminate or revoke, nominee trust not countable.

Appeal 1705787

Fair Hearing Decision 1705787

Posted on June 2, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Cynthia Kopka, issue: can invest in annuities, issue: nominee trust and irrevocable trust, Tewksbury

Appeal 1610258

Fair Hearing Decision 1610258

Posted on January 3, 2017May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: arguably revocable, issue: nominee trust and irrevocable trust, Patricia Mullen, Taunton

Appeal 1613882

Fair Hearing Decision 1613882

Posted on December 9, 2016May 29, 2018 by Brian E. BarreiraPosted in issue: arguably revocable, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: retained control over trust, issue: termination argued to be same as revocable, Partial Denial at Fair Hearing, Tewksbury, Thomas J. Goode

Appeals 1613416 and 1613477

Fair Hearing Decisions 1613416 and 1613477

Appellant’s redacted memo

Redacted MassHealth memo

Posted on November 22, 2016February 3, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: life estate in trust, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: usage of home renders it available, Stanley Kallianidis, Taunton

Appeal 1612587

Fair Hearing Decision 1612587

Posted on October 26, 2016May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: nominee trust and irrevocable trust, issue: trustee compensation, issue: usage of home renders it available, Radha Tilva

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