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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 could pay debts of probate estate

Appeal 1806192

Fair Hearing Decision 1806192

Posted on April 26, 2018October 2, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: administrative amendment power, issue: distributions to pay tax liabilities, issue: funeral/burial expenses, issue: power of appointment to charity, issue: power to appoint trustee, issue: retained control over trust, issue: tax-reimbursement clause, issue: trustee compensation, issue: trustee could pay debts of probate estate, issue: trustee removal power, issue: usage of home renders it available, Stanley Kallianidis, Taunton

Appeal 1717990

Fair Hearing Decision 1717990

Posted on March 6, 2018May 31, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: extrinsic circumstances; usage of gifted principal, issue: power of appointment, issue: power to pay estate taxes, issue: prior breach of fiduciary duty, issue: trustee could pay debts of probate estate, issue: usage of home renders it available, Springfield, Stanley Kallianidis

Appeal 1800964

Fair Hearing Decision 1800964

Posted on February 16, 2018May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: power to pay estate taxes, issue: tax-reimbursement clause, issue: trustee could pay debts of probate estate, Rebecca Brochstein, Tewksbury

Appeal 1700433

Fair Hearing Decision 1700433

Posted on March 13, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: power of appointment, issue: power to appoint trustee, issue: trustee could pay debts of probate estate, issue: trustee removal power, issue: usage of home renders it available, Springfield

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 1700433

Fair Hearing Decision 1700433

Posted on February 13, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: power of appointment, issue: power to appoint trustee, issue: trustee compensation, 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, Springfield

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 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 1602888

Fair Hearing Decision 1602888

Posted on April 8, 2016January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: distributions to pay tax liabilities, issue: power to substitute assets, issue: presumption in federal law of countability of trusts, issue: trustee could pay debts of probate estate, issue: usage of home renders it available, Radha Tilva

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

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