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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 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 1701593

Fair Hearing Decision 1701593

Posted on March 6, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: power of appointment to charity, issue: power to appoint trustee, issue: termination argued to be same as revocable, issue: trustee removal power, Springfield, Stanley Kallianidis

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 1614874

Fair Hearing Decision 1614874

Posted on February 3, 2017May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: power of appointment to charity, issue: termination argued to be same as revocable, issue: trustee removal power, Marc Tonaszuck, Springfield

Appeal 1613879

Fair Hearing Decision 1613879

Posted on December 9, 2016May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: power of appointment, issue: trustee removal power, Samantha Kurkjy, Tewksbury

Appeal 1607372

Fair Hearing Decision 1607372

Posted on August 15, 2016January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to invest in income-producing assets, issue: trustee ability to allocate between principal and income, issue: trustee removal power, Taunton

Appeal 1603430

Fair Hearing Decision 1603430

Posted on June 8, 2016September 14, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: can invest in annuities, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: power to appoint trustee, issue: power to substitute assets, issue: termination argued to be same as revocable, issue: trustee removal power, Stanley Kallianidis

Appeal 1601867

Fair Hearing Decision 1601867

Posted on May 2, 2016January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: ability to make unsecured loan, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: trustee removal power, issue: usage of home renders it available, Taunton

Appeal 1511164

Fair Hearing Decision 1511164

Posted on February 4, 2016September 20, 2016 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: extrinsic circumstances; usage of gifted principal, issue: power of appointment to charity, issue: prior breach of fiduciary duty, issue: retained control over trust, issue: SSI comparability, issue: trustee removal power, Tewksbury

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