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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

Appeal 1507042

Fair Hearing Decision 1507042 redacted

redacted response of appellant to MassHealth memo

redacted Exhibit A

MassHealth Legal Opinion

redacted irrevocable trust

Posted on July 2, 2015March 4, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: power to substitute assets, MassHealth memo available, Response to MassHealth memo available, Stanley Kallianidis, Taunton

Appeal 1503755

Fair Hearing Decision 1503755

Posted on May 11, 2015February 24, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: power to substitute assets, issue: presumption in federal law of countability of trusts, issue: retained control over trust, Springfield

Appeal 1411682

Fair Hearing Decision 1411682

Posted on December 12, 2014April 24, 2015 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: administrative amendment power, issue: draftsperson testified about settlor's intentions, issue: power to substitute assets, issue: presumption in federal law of countability of trusts, issue: trustee ability to allocate between principal and income, Susan Burgess-Cox, Tewksbury1 Comment

Appeal 1409399

Fair Hearing Decision 1409399

Posted on September 18, 2014April 13, 2015 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: arguably revocable, issue: can invest in annuities, issue: power of appointment, issue: power of appointment to charity, issue: power to appoint trustee, issue: power to substitute assets, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: termination argued to be same as revocable, issue: trust purpose was to remain in community, issue: trustee could pay debts of probate estate, issue: trustee removal power, issue: usage of home renders it available, Sara E. McGrath, Tewksbury

Appeal 1405851

Fair Hearing Decision 1405851

Posted on July 8, 2014October 27, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: distributions to pay tax liabilities, issue: life estate in trust, issue: power of appointment, issue: power to substitute assets, issue: retained control over trust, Susan Burgess-Cox

Appeal 1402145

Fair Hearing Decision 1402145

Posted on May 20, 2014October 2, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: distributions to pay tax liabilities, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: power to substitute assets, issue: retained control over trust, Stanley Kallianidis

Appeal 1401798

Fair Hearing Decision 1401798

Posted on April 4, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to make unsecured loan, issue: administrative amendment power, issue: basic common law and statutory laws of trusts not unchanged by Medicaid law, issue: intended estate tax inclusion, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: power to substitute assets, issue: presumption in federal law of countability of trusts, issue: trustee ability to allocate between principal and income, issue: usage of home renders it available, Springfield

Appeal 1305018

Fair Hearing Decision 1305018

Motion for Judgment on the Pleadings (includes copy of hearing decision and trust)

Worcester Superior Court decision approving appeal

Posted on May 22, 2013October 14, 2014 by Brian E. BarreiraPosted in Denial at Fair Hearing, issue: power to substitute assets, issue: power to substitute assets, Marc Tonaszuck, Springfield, Superior Court motion for judgment available, Superior Court victory

Appeal 1215864

Response to MassHealth memo, Appeal 1215864

Fair Hearing Decision 1215864

Posted on November 26, 2012October 1, 2014 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: retained control over trust, Marc Tonaszuck, Response to MassHealth memo available, Springfield

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- Revere
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hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
Special needs trust
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