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Massachusetts Medicaid Trust Law

Research MassHealth fair hearing decisions and legal positions taken by Office of Medicaid on trusts

Category: Springfield

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 1808111 & 1821273

Fair Hearing Decision 1808111 & 1821273

Posted on April 22, 2019August 2, 2019 by Brian E. BarreiraPosted in Denial at Fair Hearing, Marc Tonaszuck, Springfield

Appeal 1812910

Fair Hearing Decision 1812910

Posted on December 18, 2018August 2, 2019 by Brian E. BarreiraPosted in Denial at Fair Hearing, Springfield, Zohra Aziz

Appeal 1718103

Fair Hearing Decision 1718103

Posted on September 20, 2018November 28, 2018 by Brian E. BarreiraPosted in Denial at Fair Hearing, Fair Hearing Decisions, Springfield, Zohra AzizTagged appellant could change beneficiaries eligible to receive principal, appellant could have added nursing home as beneficiary, trustee has discretion to distribute principal.

Appeal 1810866

Fair Hearing Decision 1810866

Posted on August 15, 2018November 28, 2018 by Brian E. BarreiraPosted in Denial at Fair Hearing, Fair Hearing Decisions, Marc Tonaszuck, SpringfieldTagged trust asset available to appellant, trust countable.

Appeal 1714886

Fair Hearing Decision 1714886

Memorandum of Decision and Order on (A6082931x7A575)

Posted on August 8, 2018July 29, 2019 by Brian E. BarreiraPosted in Denial at Fair Hearing, Kenneth Brodzinski, Springfield

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 1810355

Fair Hearing Decision 1810355

Posted on May 31, 2018November 19, 2018 by Brian E. BarreiraPosted in Brook Padgett, Denial at Fair Hearing, Fair Hearing Decisions, SpringfieldTagged ability to borrow principal without adequate interest or security, appellant retained control over trust property.

Appeal 1717887

Fair Hearing Decision 1717887

Posted on May 15, 2018November 28, 2018 by Brian E. BarreiraPosted in Denial at Fair Hearing, Fair Hearing Decisions, Springfield, Zohra AzizTagged appellant could receive principal, special needs trust not properly executed.

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

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  • Fair Hearing Decisions
    • Approval at Fair Hearing
      • issue: ability to invest in income-producing assets
      • issue: ability to make unsecured loan
      • issue: administrative amendment power
      • issue: arguably revocable
      • issue: availability of principal to others does not mean it is available to grantor
      • issue: basic common law and statutory laws of trusts not unchanged by Medicaid law
      • issue: calculation of income that could be paid
      • issue: can invest in annuities
      • issue: can surrender life insurance policy
      • issue: change from approval to denial on redetermination
      • issue: children are contingent beneficiaries only
      • issue: claim that appellant had mortgaged real estate when trust had done so
      • issue: claimed sale proceeds paid off appellant's mortgage
      • issue: distributions to pay tax liabilities
      • issue: draftsperson testified about settlor's intentions
      • issue: extrinsic circumstances; usage of gifted principal
      • issue: fiduciary duties of trustee unchanged by Medicaid laws
      • issue: fluid document giving maximum flexibility
      • issue: funeral/burial expenses
      • issue: intended estate tax inclusion
      • issue: intended grantor trust treatment
      • issue: IRC section 121
      • issue: language ignored if it defeats Medicaid eligibility standards
      • issue: language not disregarded just because it renders principal unavailable
      • issue: life estate in trust
      • issue: no allowable principal distributions to any party
      • issue: no implied support for settlor
      • issue: nominee trust
      • issue: nominee trust and irrevocable trust
      • issue: notice deficient due to lack of statement of reasons for decision
      • issue: nursing facility use of principal for appellant's care
      • issue: oral agreement not in trust
      • issue: payment of maintenance costs by occupant not disqualifying tranfers
      • issue: power of appointment
      • issue: power of appointment to charity
      • issue: power to appoint trustee
      • issue: power to pay estate taxes
      • issue: power to substitute assets
      • issue: presumption in federal law of countability of trusts
      • issue: previous approval of trust
      • issue: prior breach of fiduciary duty
      • issue: real estate tax deduction
      • issue: retained control over trust
      • issue: self-support
      • issue: settlor is sole vested lifetime beneficiary
      • issue: settlor not applicant or applicant’s spouse
      • issue: special needs trust
      • issue: SSI comparability
      • issue: tax-reimbursement clause
      • issue: termination argued to be same as revocable
      • issue: testamentary trust
      • issue: trust can invest in life insurance
      • issue: trust purpose was to remain in community
      • issue: trustee ability to allocate between principal and income
      • issue: trustee compensation
      • issue: trustee could pay debts of probate estate
      • issue: trustee mortgaged real estate
      • issue: trustee power to loan money is not disbursement of principal
      • issue: trustee removal power
      • issue: trustee testified
      • issue: two distinct classes of beneficiaries
      • issue: usage of home renders it available
      • issue: veto power over principal distribution to trustee
      • issue: veto power over sale of real estate
      • pourover to unfunded trust deemed testamentary trust
    • Denial at Fair Hearing
    • Partial Denial at Fair Hearing
  • Fair Hearing Process
    • MassHealth memo available
    • Motion for due process available
    • Motion for rehearing available
    • Response to MassHealth memo available
    • Subpoena available
  • Hearing Location
    • Chelsea
    • Revere
    • Springfield
    • Taunton
    • Tewksbury
  • Hearing Officer
    • Alexandra Shube
    • Brook Padgett
    • Casey Groff
    • Christopher Jones
    • Christopher S. Taffe
    • Cynthia Kopka
    • Jeanne Travers Jabour
    • Kenneth Brodzinski
    • Kim M. Larkin
    • Marc Tonaszuck
    • Patricia Mullen
    • Paul Moore
    • Radha Tilva
    • Rebecca Brochstein
    • Samantha Kurkjy
    • Sara E. McGrath
    • Scott Barnard
    • Stanley Kallianidis
    • Susan Burgess-Cox
    • Suzanne S. Davis
    • Thomas J. Goode
    • Zohra Aziz
  • hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
  • Special needs trust
  • Statutes and Cases for Appellants
    • Administrative consistency cases
    • Key MUTC provisions
    • Massachusetts trust cases
    • Non-Massachusetts trust cases
  • Superior Court proceedings
    • Superior Court loss
    • Superior Court motion for judgment available
    • Superior Court victory
      • issue: power to substitute assets
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