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Posts from the ‘For Lawyers & CPAs’ Category

0November 6, 2015When Can a “Payment” of a Home Be Made from an Irrevocable Trust in Violation of Federal Medicaid Trust Law?

0November 4, 2015Should Alternatives to Irrevocable Trusts Be Considered for Massachusetts Medicaid Planning Purposes?

1October 27, 2015What Are the 2016 Federal and Massachusetts Estate and Gift Tax Filing Figures?

1July 7, 2015Does the Director of the Board of Hearings at the Office of Medicaid Realize (or Even Care) that the MassHealth Subpoena Regulation is Legally Invalid?

1May 5, 2015A Rebuttal to the Reckless Misrepresentation of Federal Medicaid Trust Law by the Office of Medicaid in Massachusetts

1April 21, 2015The Office of Medicaid and Its Board of Hearings Are Complicit in Denials of Due Process to MassHealth Appellants

3April 13, 2015Did the Office of Medicaid Intentionally Violate Federal Medicaid Trust Law When It Stripped the Definition of the Word “Available” from MassHealth Regulations?

3April 8, 2015Do the Lawyers Representing the Office of Medicaid in Massachusetts Know What a Revocable Trust Is?

2May 22, 2014Potential Annuity Purchases by the Trustee Do Not Provide the Settlor of an Income-Only Irrevocable Trust with Access to Principal

0May 18, 2014A Life Estate in an Irrevocable Trust Should Not Cause the Trust to Be a Countable Asset for MassHealth Purposes

0May 18, 2014The Massachusetts Legislature Has Prohibited MassHealth Estate Recovery Against Trusts, and Therefore Knows About But Has Not Prohibited Their Use

0May 18, 2014The Office of Medicaid Ignores that Trustees Have Fiduciary Duties to the Remainderpersons, and Cannot Use Powers to Skew Beneficial Interests

0May 18, 2014History of Federal Medicaid Law Indicates the Term “Available” Is to Be Narrowly Construed When Determining Applicant’s Income

0May 18, 2014The Latest Position of the Office of Medicaid on Trust Interpretation Is Not Entitled to Deference

0May 18, 2014Trust Law Presumes that Principal Is Not Available to the Current Beneficiary

0May 18, 2014Trusts Must Always Be Read as a Whole, Even in MassHealth Trust Denial Cases

0May 18, 2014The Position of the Office of Medicaid in the Doherty Case Was that a Trust Must Be Read as a Whole, and that the Trustee’s Fiduciary Duties Are an Important Consideration

0May 18, 2014What Were the Specific Medicaid Problems with the Irrevocable Trusts in the Cohen, Lebow and Doherty Cases?

0May 18, 2014If Debtor-Creditor Analysis Were Not the Proper Standard of Review under Medicaid Law for Irrevocable Trusts, Nursing Homes Could End up Being Unpaid for Services

0May 18, 2014The Spousal Testamentary Trust Exception Exists in Medicaid Trust Law Because Congress Wanted States to Be Able to Implement Debtor-Creditor Law