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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: veto power over sale of real estate

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 1509160

Fair Hearing Decision 1509160

Posted on August 24, 2015March 21, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: life estate in trust, issue: power of appointment, issue: real estate tax deduction, issue: retained control over trust, issue: veto power over sale of real estate, Stanley Kallianidis, Taunton

Appeal 1402348

Fair Hearing Decision 1402348

April 1, 2014 MassHealth memo; Appeal 1402348

Posted on May 19, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to make unsecured loan, issue: basic common law and statutory laws of trusts not unchanged by Medicaid law, issue: can invest in annuities, issue: children are contingent beneficiaries only, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: life estate in trust, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: settlor is sole vested lifetime beneficiary, issue: termination argued to be same as revocable, issue: veto power over sale of real estate, MassHealth memo available, Springfield

Appeal 1402188

MassHealth memo on Appeal 1402188

Fair Hearing Decision 1402188

Posted on April 17, 2014November 4, 2015 by Brian E. BarreiraPosted in Christopher S. Taffe, issue: ability to make unsecured loan, issue: intended grantor trust treatment, issue: life estate in trust, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: trustee removal power, issue: veto power over sale of real estate, MassHealth memo available, Taunton

Appeal 1318124

March 21, 2014 and May 15, 2014 MassHealth memos; Appeal 1318124

Fair Hearing Decision 1318124

Posted on March 21, 2014February 17, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: claim that appellant had mortgaged real estate when trust had done so, issue: claimed sale proceeds paid off appellant's mortgage, issue: language ignored if it defeats Medicaid eligibility standards, issue: life estate in trust, issue: no implied support for settlor, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: termination argued to be same as revocable, issue: trustee mortgaged real estate, issue: usage of home renders it available, issue: veto power over sale of real estate, MassHealth memo available, Radha TilvaTagged MassHealth lawyer claimed that sale proceeds paid off settlor's mortgage, when in fact mortgage was executed by trust.

Categories

Fair Hearing Decisions
Fair Hearing Process
Hearing Location
- Chelsea
- Revere
- Springfield
- Taunton
- Tewksbury
Hearing Officer
hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
Special needs trust
Statutes and Cases for Appellants
Superior Court proceedings

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