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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: usage of home renders it available

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 1718404

Fair Hearing Decision 1718404

Posted on December 22, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: power of appointment, issue: power to appoint trustee, issue: usage of home renders it available, Sara E. McGrath

Appeal 1717924

Fair Hearing Decision 1717924

Posted on December 19, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: arguably revocable, issue: power of appointment, issue: power to appoint trustee, issue: termination argued to be same as revocable, issue: usage of home renders it available, Sara E. McGrath

Appeal 1711266

Fair Hearing Decision 1711266

Posted on November 16, 2017November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: usage of home renders it available, Patricia Mullen, TauntonTagged agreement did not give appellant access to the asset, appellant had use and occupancy agreement for house.

Appeal 1707285

Fair Hearing Decision 1707285

Posted on July 17, 2017September 26, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: arguably revocable, issue: usage of home renders it available, Springfield, Zohra Aziz

Appeal 1703712

Fair Hearing Decision 1703712

Posted on April 24, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Cynthia Kopka, issue: power of appointment to charity, issue: tax-reimbursement clause, issue: usage of home renders it available

Appeal 1703712

Fair Hearing Decision 1703712

Posted on April 24, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Cynthia Kopka, issue: power of appointment, issue: power of appointment to charity, issue: usage of home renders it available

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

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

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