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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 removal power

Appeal 1817860

Fair Hearing Decision 1817860

Posted on June 14, 2019August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: availability of principal to others does not mean it is available to grantor, issue: power to appoint trustee, issue: trustee compensation, issue: trustee removal power, Springfield, Zohra Aziz

Appeal 1818764

Fair Hearing Decision 1818764

Posted on April 18, 2019August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Casey Groff, issue: availability of principal to others does not mean it is available to grantor, issue: power of appointment, issue: power of appointment to charity, issue: power to appoint trustee, issue: trustee compensation, issue: trustee removal power, Tewksbury

Appeals 1819099 and 1820304

Fair Hearing Decisions 1819099 and 1820304

Posted on January 17, 2019January 28, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: distributions to pay tax liabilities, issue: power of appointment to charity, issue: tax-reimbursement clause, issue: trustee compensation, issue: trustee removal power, Sara E. McGrath, Tewksbury

Appeal 1806566

Fair Hearing Decision 1806566

Posted on November 14, 2018August 2, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: arguably revocable, issue: availability of principal to others does not mean it is available to grantor, issue: can invest in annuities, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: power of appointment to charity, issue: power to appoint trustee, issue: trustee removal power, Radha Tilva

Appeal 1811781

Fair Hearing Decision 1811781

Posted on July 24, 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: power of appointment, issue: power of appointment to charity, issue: power to appoint trustee, issue: trustee removal power, Springfield, Stanley KallianidisTagged assets in trust unavailable to appellant.

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 1716934

Fair Hearing Decision 1716934

Posted on December 8, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: power of appointment, issue: power to appoint trustee, issue: trustee removal power, Sara E. McGrath, Tewksbury

Appeal 1714978

Fair Hearing Decision 1714978

Posted on November 10, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: fluid document giving maximum flexibility, issue: power of appointment, issue: power to appoint trustee, issue: trustee removal power, Sara E. McGrath

Appeal 1713190

Fair Hearing Decision 1713190

Posted on October 11, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to make unsecured loan, issue: power of appointment, issue: power of appointment to charity, issue: retained control over trust, issue: trustee removal power, Patricia Mullen, Taunton

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

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