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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: power to pay estate taxes

Appeal 1717990

Fair Hearing Decision 1717990

Posted on March 6, 2018May 31, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: extrinsic circumstances; usage of gifted principal, issue: power of appointment, issue: power to pay estate taxes, issue: prior breach of fiduciary duty, issue: trustee could pay debts of probate estate, issue: usage of home renders it available, Springfield, Stanley Kallianidis

Appeal 1800964

Fair Hearing Decision 1800964

Posted on February 16, 2018May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: power to pay estate taxes, issue: tax-reimbursement clause, issue: trustee could pay debts of probate estate, Rebecca Brochstein, Tewksbury

Appeal 1614486

Fair Hearing Decision 1614486

Posted on January 13, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: power to appoint trustee, issue: power to pay estate taxes, issue: trustee compensation, issue: usage of home renders it available, Springfield

Appeal 1603765

Fair Hearing Decision 1603765

Posted on May 2, 2016January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: administrative amendment power, issue: power to pay estate taxes, issue: power to substitute assets, issue: real estate tax deduction, issue: termination argued to be same as revocable, issue: trustee could pay debts of probate estate, issue: usage of home renders it available, Susan Burgess-Cox, Tewksbury

Appeal 1403170

Fair Hearing Decision 1403170

Posted on April 4, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Christopher Jones, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: distributions to pay tax liabilities, issue: life estate in trust, issue: power of appointment, issue: power to pay estate taxes, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: trustee could pay debts of probate estate, issue: trustee removal power, issue: veto power over principal distribution to trustee, Tewksbury

Appeal 1401521

Fair Hearing Decision 1401521

Posted on February 27, 2014October 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: fiduciary duties of trustee unchanged by Medicaid laws, issue: language ignored if it defeats Medicaid eligibility standards, issue: life estate in trust, issue: power of appointment, issue: power to pay estate taxes, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: trustee ability to allocate between principal and income, issue: trustee could pay debts of probate estate, Sara E. McGrath, TewksburyTagged MassHealth lawyer claimed the power to distribute principal to the appellant's children gave the trustees the power to distribute principal to the appellant if she had no living children..

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

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..

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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