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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 1401521

Fair Hearing Decision 1401521

Posted on February 27, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: language ignored if it defeats Medicaid eligibility standards, issue: life estate in trust, issue: power of appointment, issue: power to pay estate taxes, 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 could pay debts of probate estate, Sara E. McGrath, TewksburyTagged MassHealth lawyer claimed the power to distribute principal to the appellant's children gave the trustees the power to distribute principal to the appellant if she had no living children..

Appeal 1314721

Fair Hearing Decision 1314721

Posted on November 19, 2013October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: draftsperson testified about settlor's intentions, issue: intended estate tax inclusion, issue: intended grantor trust treatment, issue: IRC section 121, issue: language not disregarded just because it renders principal unavailable, issue: power of appointment, issue: power to pay estate taxes, issue: trustee ability to allocate between principal and income, issue: trustee testified, Kenneth Brodzinski, Tewksbury

Appeal 1115916

Fair Hearing Decision 1115916

Posted on January 25, 2012October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: can surrender life insurance policy, issue: no implied support for settlor, issue: power of appointment, issue: retained control over trust, issue: trustee ability to allocate between principal and income, Sara E. McGrath, Tewksbury

Appeal 0916675

Fair Hearing Decision 0916675

Posted on March 3, 2010November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: arguably revocable, issue: settlor not applicant or applicant’s spouse, issue: trustee ability to allocate between principal and income, Stanley Kallianidis, TauntonTagged donor not appellant or spouse, not countable, only required distributions are countable, trustee did not exercise discretion to distribute, trustee had discretion on whether to distribute principal to appellant.

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Fair Hearing Decisions
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hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
Special needs trust
Statutes and Cases for Appellants
Superior Court proceedings

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