Category: issue: nominee trust
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.
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.
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