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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: trustee ability to allocate between principal and income

Appeal 1717672

Fair Hearing Decision 1717672

Posted on June 15, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: availability of principal to others does not mean it is available to grantor, issue: trustee ability to allocate between principal and income, Susan Burgess-Cox, TauntonTagged appellant had option of naming herself trustee, appellant was income beneficiary, income distributions are countable, trust assets not available to appellant, trustee does not have authority to make principal available to appellant.

Appeal 1703267

Fair Hearing Decision 1703267

Posted on April 13, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: intended grantor trust treatment, issue: power of appointment to charity, issue: trustee ability to allocate between principal and income, issue: trustee compensation, issue: trustee removal power, issue: usage of home renders it available, Sara E. McGrath

Appeal 1612804

Fair Hearing Decision 1612804

Posted on October 28, 2016May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Christopher Jones, issue: ability to make unsecured loan, issue: can invest in annuities, issue: retained control over trust, issue: trustee ability to allocate between principal and income, Tewksbury

Appeal 1607372

Fair Hearing Decision 1607372

Posted on August 15, 2016January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to invest in income-producing assets, issue: trustee ability to allocate between principal and income, issue: trustee removal power, Taunton

Appeal 1609344

Fair Hearing Decision 1609344

Posted on August 12, 2016May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Christopher Jones, issue: extrinsic circumstances; usage of gifted principal, issue: trustee ability to allocate between principal and income, issue: trustee compensation, Tewksbury

Appeal 1603241

Fair Hearing Decision 1603241

Posted on August 10, 2016January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: power of appointment, issue: trustee ability to allocate between principal and income, issue: trustee compensation, issue: usage of home renders it available, Susan Burgess-Cox, Taunton

Appeal 1607749

Fair Hearing Decision 1607749

Posted on August 3, 2016January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: trustee ability to allocate between principal and income, Kenneth Brodzinski, Springfield

Appeal 1608671

Fair Hearing Decision 1608671

Posted on July 19, 2016May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: retained control over trust, issue: trustee ability to allocate between principal and income, Tewksbury, Thomas J. Goode

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 1600653

Fair Hearing Decision 1600653

Posted on February 9, 2016September 14, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Cynthia Kopka, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: trustee ability to allocate between principal and income, issue: usage of home renders it available

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hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
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