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Massachusetts Medicaid Trust Law

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

Tag: not countable

Appeal 1800207

Fair Hearing Decision 1800207

Posted on July 10, 2018November 19, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: arguably revocable, issue: nominee trust, issue: termination argued to be same as revocable, Patricia Mullen, TauntonTagged not countable, trust established in 2005, trust not revocable, trust provisions do not indicate it is revocable.

Appeal 1811262

Fair Hearing Decision 1811262

Posted on June 20, 2018November 19, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Christopher Jones, Fair Hearing Decisions, issue: life estate in trust, issue: nominee trust, issue: notice deficient due to lack of statement of reasons for decision, TewksburyTagged nominee trust not MQT, not countable, simply agent/principal relationship.

Appeal 1402946

Fair Hearing Decision 1402946

Posted on May 22, 2014November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: special needs trust, Radha Tilva, Special needs trust, TewksburyTagged not countable, placed in trust immediately upon receipt, proceeds of spouse's life insurance policy placed in trust, Special needs trust.

Appeal 1303588

Fair Hearing Decision 1303588

Posted on February 24, 2014November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: special needs trust, Rebecca Brochstein, Special needs trustTagged appellant funded special needs trust, appellant's son was trustee, for sole benefit of disabled person under 65, not countable, trust does not need to be for applicant's benefit.

Appeal 1306967

Fair Hearing Decision 1306967

Posted on January 10, 2014November 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, Springfield, Zohra AzizTagged appellant did not have use and benefit of residence in trust, daughter used payments to cover nursing home expenses, not countable, payments to daughter not available to appellant.

Appeal 1118584

Fair Hearing Decision 1118584

Posted on March 2, 2012November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: special needs trust, Revere, Sara E. McGrath, Special needs trustTagged not countable, sole benefit of beneficiary, trust satisfied requirements for SNT, verification needed regarding recent withdrawal.

Appeal 1113234

Fair Hearing Decision 1113234

Posted on December 12, 2011November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, Revere, Sara E. McGrathTagged not countable, trust is not MQT, trustee may not make distributions of principal to appellant.

Appeal 1108274

Fair Hearing Decision 1108274

Posted on December 6, 2011November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: arguably revocable, issue: settlor not applicant or applicant’s spouse, Patricia Mullen, RevereTagged appellant is discretionary beneficiary, daughters funded revocable trust, no way to ascertain countable assets, not countable, settlors may revoke at any time.

Appeal 1112792

Fair Hearing Decision 1112792

Posted on November 30, 2011November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: special needs trust, Special needs trust, Suzanne S. Davis, TauntonTagged additions made after 65th birthday, extenuating circumstances dealing with capacity, not countable, SNT established for appellant prior to her 65th birthday.

Appeal 1107693

Fair Hearing Decision 1107693

Posted on October 20, 2011November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: testamentary trust, Revere, Susan Burgess-CoxTagged not countable, trust funded by will, trust is not MQT.

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