In this case, the MassHealth agency unsuccessfully argued that the vested beneficiaries of a nominee realty trust could amend the trust to give their ownership rights back to the MassHealth applicant, who had established the trust. Since the MassHealth applicant had a life estate in the trust, and since the trust provided that any beneficiary could terminate the trust, the life estate of the MassHealth applicant was deemed to be a countable asset.

Exhibits D-H

MassHealth agency’s memo

Appeal 1816663

Fair Hearing Decision 1816663

Appeal 1815328

Fair Hearing Decision 1815328

Appeal 1806566

Fair Hearing Decision 1806566

Appeal 1811262

Fair Hearing Decision 1811262

The Appellant’s nominee trust was found noncountable because it is a principal-agent relationship. The hearing officer also found that the Appellant’s due process rights were violated by the agency’s practice of withholding its reasons for the denial until the hearing.