Appeal 1814090

In this case, the MassHealth agency unsuccessfully argued that the vested beneficiaries of a nominee realty trust could amend the trust to give their ownership rights back to the MassHealth applicant, who had established the trust. Since the MassHealth applicant had a life estate in the trust, and since the trust provided that any beneficiary could terminate the trust, the life estate of the MassHealth applicant was deemed to be a countable asset.

Fair Hearing Decision 1814090

redacted Appellant’s brief

Exhibits A-C

Exhibits D-H

MassHealth agency’s memo

Appeal 1808971

Fair Hearing Decision 1808971

Power of appointment allows appellant to appoint trust assets to her children upon condition that the money is returned to her; even though trust limits principal distributions to appellant or otherwise constrains appellant’s power of appointment, the phrase “notwithstanding the foregoing” immediately follows; this phrase frees appellant’s power of appointment from the prohibition on the appellant’s benefiting from the trust principal.

Appeal 1802399

Fair Hearing Decision 1802399

Appeal 1812309

Fair Hearing Decision 1812309