Skip to content

Massachusetts Medicaid Trust Law

Research MassHealth fair hearing decisions and legal positions taken by Office of Medicaid on trusts

Category: issue: termination argued to be same as revocable

Appeal 1809786

Fair Hearing Decision 1809786

Posted on July 31, 2018January 10, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: nominee trust and irrevocable trust, issue: termination argued to be same as revocable, Paul Moore, TauntonTagged all beneficiaries required to agree and no evidence they would, appellant could not unilaterally terminate or revoke, nominee trust not countable.

Appeal 1800207

Fair Hearing Decision 1800207

Posted on July 10, 2018November 19, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: arguably revocable, issue: nominee trust, issue: termination argued to be same as revocable, Patricia Mullen, TauntonTagged not countable, trust established in 2005, trust not revocable, trust provisions do not indicate it is revocable.

Appeal 1805966

Posted on June 22, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: power of appointment, issue: termination argued to be same as revocable, issue: trust purpose was to remain in community, Patricia Mullen, TauntonTagged government's arguments would require trustee to breach fiduciary duty, intent of trust to preclude distributions of principal to appellant, trust principal not countable.

Appeal 1717415

Fair Hearing Decision 1717415

Posted on May 15, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: termination argued to be same as revocable, Samantha Kurkjy, TewksburyTagged ability to terminate not same as ability to revoke, provisions of trust do not allow settlor to reclaim all trust assets, specific directions related to termination of trust.

Appeal 1717924

Fair Hearing Decision 1717924

Posted on December 19, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: arguably revocable, issue: power of appointment, issue: power to appoint trustee, issue: termination argued to be same as revocable, issue: usage of home renders it available, Sara E. McGrath

Appeal 1701593

Fair Hearing Decision 1701593

Posted on March 6, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: power of appointment to charity, issue: power to appoint trustee, issue: termination argued to be same as revocable, issue: trustee removal power, Springfield, Stanley Kallianidis

Appeal 1700500

Fair Hearing Decision 1700500

Posted on February 13, 2017November 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: power of appointment, issue: power to appoint trustee, issue: termination argued to be same as revocable, issue: trustee could pay debts of probate estate, issue: trustee removal power, issue: usage of home renders it available, issue: veto power over sale of real estate, Taunton

Appeal 1614874

Fair Hearing Decision 1614874

Posted on February 3, 2017May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: power of appointment to charity, issue: termination argued to be same as revocable, issue: trustee removal power, Marc Tonaszuck, Springfield

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

Appeal 1612540

Fair Hearing Decision 1612540

Posted on November 21, 2016May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Cynthia Kopka, issue: ability to invest in income-producing assets, issue: life estate in trust, issue: termination argued to be same as revocable, issue: usage of home renders it available

Posts navigation

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

Search for:

Blog at WordPress.com.

Massachusetts Medicaid Trust Law

Blog at WordPress.com.

Follow Following
- Massachusetts Medicaid Trust Law
- Already have a WordPress.com account? Log in now.

Loading Comments...

You must be logged in to post a comment.