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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: termination argued to be same as revocable

Appeal 1609241

Fair Hearing Decision 1609241

Posted on August 30, 2016January 6, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: distributions to pay tax liabilities, issue: termination argued to be same as revocable, issue: trustee compensation, issue: trustee could pay debts of probate estate, issue: usage of home renders it available, Patricia Mullen, Taunton

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 1600434

Fair Hearing Decision 1600434

Posted on February 9, 2016September 15, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: arguably revocable, issue: can invest in annuities, issue: power of appointment, issue: retained control over trust, issue: termination argued to be same as revocable, issue: usage of home renders it available, Tewksbury, Thomas J. Goode

Appeal 1514714

Fair Hearing Decision 1514714

Posted on December 18, 2015January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: termination argued to be same as revocable, Susan Burgess-Cox, Tewksbury

Appeal 1514103

Fair Hearing Decision 1514103

Posted on December 3, 2015September 1, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: life estate in trust, 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, Sara E. McGrath

Appeal 1501367

Fair Hearing Decision 1501367

Posted on March 4, 2015January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: arguably revocable, issue: termination argued to be same as revocable, Springfield

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

Appeal1406290

Fair Hearing Decision 1406290

Posted on July 17, 2014April 14, 2015 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: arguably revocable, issue: children are contingent beneficiaries only, issue: life estate in trust, issue: nominee trust, issue: termination argued to be same as revocable, issue: trustee removal power, Rebecca Brochstein, Tewksbury

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