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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 1403170

Fair Hearing Decision 1403170

Posted on April 4, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Christopher Jones, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: distributions to pay tax liabilities, 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 could pay debts of probate estate, issue: trustee removal power, issue: veto power over principal distribution to trustee, Tewksbury

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..

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hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
Special needs trust
Statutes and Cases for Appellants
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