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Massachusetts Medicaid Trust Law

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

Category: Rebecca Brochstein

Appeal 1822146

Fair Hearing Decision 1822146

Posted on May 10, 2019August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: power of appointment, issue: power of appointment to charity, issue: trust can invest in life insurance, Rebecca Brochstein

Appeal 1804918

Fair Hearing Decision 1804918

Posted on February 26, 2019August 2, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: power of appointment to charity, issue: trustee compensation, Rebecca Brochstein

Appeal 1811266 & 1815053

Fair Hearing Decision 1811266 & 1815053

Posted on January 2, 2019August 2, 2019 by Brian E. BarreiraPosted in Denial at Fair Hearing, Rebecca Brochstein, Tewksbury

Appeal 1803351

Fair Hearing Decision 1803351

Posted on July 31, 2018July 16, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: power of appointment, issue: power of appointment to charity, Rebecca Brochstein

Appeal 1803351

Fair Hearing Decision 1803351

Posted on July 31, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: availability of principal to others does not mean it is available to grantor, issue: nursing facility use of principal for appellant's care, issue: retained control over trust, Rebecca BrochsteinTagged assets in trust not countable, children may decide how to spend their distributions, principal available to appellant's children, principal not available to appellant.

Appeal 1800964

Fair Hearing Decision 1800964

Posted on February 16, 2018May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: power to pay estate taxes, issue: tax-reimbursement clause, issue: trustee could pay debts of probate estate, Rebecca Brochstein, Tewksbury

Appeal 1707091

Fair Hearing Decision 1707091

Posted on July 19, 2017May 30, 2018 by Brian E. BarreiraPosted in Chelsea, Denial at Fair Hearing, issue: nominee trust, Rebecca Brochstein

Appeal 1706709

Fair Hearing Decision 1706709

Posted on June 28, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: arguably revocable, Rebecca Brochstein

Appeal 1614600

Fair Hearing Decision 1614600

Posted on January 9, 2017May 29, 2018 by Brian E. BarreiraPosted in Chelsea, Denial at Fair Hearing, issue: usage of home renders it available, Rebecca Brochstein

Appeal 1607504

Fair Hearing Decision 1607504

Posted on July 14, 2016December 12, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: arguably revocable, issue: can invest in annuities, issue: intended grantor trust treatment, issue: no implied support for settlor, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: power to substitute assets, issue: retained control over trust, issue: termination argued to be same as revocable, issue: trustee ability to allocate between principal and income, issue: usage of home renders it available, Rebecca Brochstein

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Fair Hearing Decisions
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- Chelsea
- Revere
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hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
Special needs trust
Statutes and Cases for Appellants
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