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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 1516288

Fair Hearing Decision 1516288

Posted on January 28, 2016September 20, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: can invest in annuities, issue: power of appointment, issue: trustee ability to allocate between principal and income, issue: usage of home renders it available, Rebecca Brochstein

Appeal 1516247

Fair Hearing Decision 1516247

MassHealth Memo

Applicant reply to Commonwealth regarding subpoena

Commonwealth’s reply to subpoena

Posted on January 26, 2016May 23, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: can invest in annuities, issue: distributions to pay tax liabilities, issue: draftsperson testified about settlor's intentions, issue: language ignored if it defeats Medicaid eligibility standards, issue: power of appointment, issue: power of appointment to charity, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: trustee ability to allocate between principal and income, issue: usage of home renders it available, Radha Tilva, Subpoena available

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 1509433

Fair Hearing Decision 1509433

Posted on November 3, 2015January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: power of appointment to charity, issue: trustee ability to allocate between principal and income, issue: trustee compensation, Kenneth Brodzinski, Springfield

Appeal 1510839

Fair Hearing Decision 1510839

Posted on September 28, 2015September 20, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Christopher Jones, issue: ability to invest in income-producing assets, issue: power of appointment, issue: retained control over trust, issue: trustee ability to allocate between principal and income, issue: usage of home renders it available, Tewksbury

Appeal 1507558

Fair Hearing Decision 1507558

Posted on September 15, 2015February 24, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: children are contingent beneficiaries only, issue: power of appointment, issue: power of appointment to charity, issue: retained control over trust, issue: settlor is sole vested lifetime beneficiary, issue: trustee ability to allocate between principal and income, Radha Tilva, Tewksbury

Appeal 1509449

Fair Hearing Decision 1509449

Posted on September 8, 2015February 24, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: draftsperson testified about settlor's intentions, issue: life estate in trust, issue: trustee ability to allocate between principal and income, issue: usage of home renders it available, Radha Tilva

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 1406520

Fair Hearing Decision 1406520

Posted on June 23, 2014March 21, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: administrative amendment power, issue: can invest in annuities, issue: intended grantor trust treatment, issue: power of appointment, issue: power to appoint trustee, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: trustee ability to allocate between principal and income, issue: trustee removal power, Sara E. McGrath

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

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