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Posts from the ‘Trusts’ Category

0November 17, 2023The MCLE Book Entitled “Elder and Disability Law in Massachusetts” Has Been Published

0July 27, 2021In Fournier v. Secretary of the Executive Office of Health and Human Services, the Supreme Judicial Court Has Eliminated Most of the MassHealth Agency’s Convoluted Arguments Against Irrevocable Trusts

0March 15, 2021In Guilfoil v. Sudders, the SJC Approved the Use of Nominee Trusts in MassHealth Planning

0March 11, 2021Limited Powers of Appointment in Irrevocable Trusts Are Wrongfully Challenged by the MassHealth Agency

0September 17, 2019Does “Imputed Driving Value” Somehow Make an Irrevocable Trust a Countable Asset for MassHealth Purposes?

0September 13, 2019An Analysis of the Newly-Discovered “Law Review Form for Trusts” Utilized by MassHealth Lawyers

1August 7, 2019Are Lawyers Who Represent the MassHealth Agency Complicit in Hiding Secret Trust Regulations?

0January 25, 2019Update on the Maas/Hirvi Litigation, Requiring the MassHealth Agency to Issue Proper Denial Notices and Act with Reasonable Promptness

0October 13, 2017When Can the Trustee of a Revocable Trust in Massachusetts Make Distributions to the Beneficiaries without Incurring Personal Liability to the Deceased Settlor’s Creditors?

4September 27, 2017In the 2017 Case of Daley v. Secretary of the Executive Office of Health and Human Services, the Supreme Judicial Court of Massachusetts Rules That a Home May Be Effectively Deeded to an Irrevocable Trust under Federal Medicaid Law

0April 30, 2017Supreme Judicial Court of Massachusetts Explains How to Properly Interpret Massachusetts Irrevocable Trusts in 2017 Case of Ferri v. Powell-Ferri

0April 13, 2017Update on Daley and Nadeau SJC Cases

1April 3, 2017When Is a Trust Considered “Revocable” under Massachusetts Law, and Is It Unethical for a Governmental Lawyer Representing a State Agency to Misrepresent This Basic Information at a Fair Hearing?

1March 31, 2017Isn’t It Unethical for a Governmental Lawyer Representing an Agency to Cite a Massachusetts Appeals Court Case for the Exact Opposite of What the Court Held?

0May 15, 2016Contrary to the Independent “Research” of the Office of the Attorney General, the Definition of “Available” Was in MassHealth Regulations from 10/1/1999-12/31/2013

0April 18, 2016The Case of Heyn v. Director of the Office of Medicaid Brings Much of Medicaid Trust Law in Massachusetts Back to Reality

1March 15, 2016Is a Home That Is Owned by an Irrevocable Trust Automatically a Countable Asset under Federal Medicaid Trust Law?

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?

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