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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: retained control over trust

Appeal 1905492

Fair Hearing Decision 1905492

Posted on June 14, 2019August 1, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: nominee trust, issue: retained control over trust, Patricia Mullen, Taunton

Appeal 1818863

Appellant Brief 1818863

Fair Hearing Decision 1818863

MassHealth Brief 1818863

Posted on April 10, 2019September 10, 2019 by Brian E. BarreiraPosted in Alexandra Shube, Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: distributions to pay tax liabilities, issue: power of appointment, issue: power of appointment to charity, issue: retained control over trust, MassHealth memo available, Response to MassHealth memo available

Appeal 1816663

Fair Hearing Decision 1816663

Posted on February 11, 2019August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Christopher Jones, issue: arguably revocable, issue: fluid document giving maximum flexibility, issue: nominee trust, issue: retained control over trust, Tewksbury

Appeal 1815328

Fair Hearing Decision 1815328

Posted on December 4, 2018August 2, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Cynthia Kopka, issue: arguably revocable, issue: language ignored if it defeats Medicaid eligibility standards, issue: language not disregarded just because it renders principal unavailable, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: nursing facility use of principal for appellant's care, issue: power of appointment, issue: power of appointment to charity, issue: retained control over trust

Appeal 1805328 & 1812278

Fair Hearing Decision 1805328 & 1812278

Posted on October 23, 2018August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: calculation of income that could be paid, issue: fluid document giving maximum flexibility, issue: life estate in trust, issue: retained control over trust, Samantha Kurkjy, Tewksbury

Appeal 1803351

Fair Hearing Decision 1803351

Posted on July 31, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: availability of principal to others does not mean it is available to grantor, issue: nursing facility use of principal for appellant's care, issue: retained control over trust, Rebecca BrochsteinTagged assets in trust not countable, children may decide how to spend their distributions, principal available to appellant's children, principal not available to appellant.

Appeal 1710198

Fair Hearing Decision 1710198

Posted on May 23, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: administrative amendment power, issue: availability of principal to others does not mean it is available to grantor, issue: can invest in annuities, issue: retained control over trust, Samantha Kurkjy, TewksburyTagged Heyn case, retention of certain powers does not equal access to assets, trustee may purchase annuities.

Appeal 1806192

Fair Hearing Decision 1806192

Posted on April 26, 2018October 2, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: administrative amendment power, issue: distributions to pay tax liabilities, issue: funeral/burial expenses, issue: power of appointment to charity, issue: power to appoint trustee, issue: retained control over trust, issue: tax-reimbursement clause, issue: trustee compensation, issue: trustee could pay debts of probate estate, issue: trustee removal power, issue: usage of home renders it available, Stanley Kallianidis, Taunton

Appeal 1713190

Fair Hearing Decision 1713190

Posted on October 11, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to make unsecured loan, issue: power of appointment, issue: power of appointment to charity, issue: retained control over trust, issue: trustee removal power, Patricia Mullen, Taunton

Appeal 1613882

Fair Hearing Decision 1613882

Posted on December 9, 2016May 29, 2018 by Brian E. BarreiraPosted in issue: arguably revocable, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: retained control over trust, issue: termination argued to be same as revocable, Partial Denial at Fair Hearing, Tewksbury, Thomas J. Goode

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