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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 substitute assets

Appeals 1615066 and 1615650

Fair Hearing Decisions 1615066 & 1615650

Posted on March 13, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to invest in income-producing assets, issue: intended grantor trust treatment, issue: power to appoint trustee, issue: power to substitute assets, Springfield

Appeal 1613179

Fair Hearing Decision 1613179

Posted on November 17, 2016January 5, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: power of appointment, issue: power to substitute assets, issue: usage of home renders it available, Stanley Kallianidis, Taunton

Appeal 1611199

Fair Hearing Decision 1611199

Posted on October 6, 2016April 3, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to invest in income-producing assets, issue: power of appointment, issue: power to substitute assets, SpringfieldTagged Hearing officer criticizes agency for continuing to make arguments resolved by Heyn case.

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 1603430

Fair Hearing Decision 1603430

Posted on June 8, 2016September 14, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: can invest in annuities, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: power to appoint trustee, issue: power to substitute assets, issue: termination argued to be same as revocable, issue: trustee removal power, Stanley Kallianidis

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 1602888

Fair Hearing Decision 1602888

Posted on April 8, 2016January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: distributions to pay tax liabilities, issue: power to substitute assets, issue: presumption in federal law of countability of trusts, issue: trustee could pay debts of probate estate, issue: usage of home renders it available, Radha Tilva

Appeal 1602421

Fair Hearing Decision 1602421

Posted on March 31, 2016May 25, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Christopher Jones, issue: life estate in trust, issue: power to substitute assets, issue: retained control over trust, issue: usage of home renders it available, Tewksbury

Appeal 1513413

Fair Hearing Decision 1513413

Posted on December 14, 2015January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: power of appointment, issue: power of appointment to charity, issue: power to substitute assets, Stanley Kallianidis, Taunton

Appeal 1509625

Fair Hearing Decision 1509625

Posted on August 27, 2015February 24, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: distributions to pay tax liabilities, issue: life estate in trust, issue: power to substitute assets, issue: retained control over trust, issue: trust purpose was to remain in community, issue: usage of home renders it available, Tewksbury, Thomas J. Goode

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Fair Hearing Decisions
Fair Hearing Process
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- 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
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