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6 Nov 2015, 9:38 am
A mere right to use property in a trust does not make that property payable or distributable out of the trust to the person with the right of or opportunity for usage. [read post]
5 May 2015, 3:26 pm
The Office of Medicaid now appears to take the position that all assets held in any Irrevocable Trust should be counted for MassHealth purposes, despite having regulations to the contrary. [read post]
5 May 2015, 3:26 pm
The Office of Medicaid now appears to take the position that all assets held in any Irrevocable Trust should be counted for MassHealth purposes, despite having regulations to the contrary. [read post]
13 Apr 2015, 9:34 am
Residing in the property does not mean the principal is “available” to the settlor of the trust as the term is used in 130 C.M.R. 520.023(C)(1)(d). [read post]
13 Apr 2015, 9:34 am
Residing in the property does not mean the principal is “available” to the settlor of the trust as the term is used in 130 C.M.R. 520.023(C)(1)(d). [read post]
8 Apr 2015, 9:48 am
” Despite all of these definitions, on January 1, 2014, the Office of Medicaid put this definition into its regulations at 130 CMR 515.001: “Revocable Trust – a trust whose terms allow the grantor to take action to regain any of the property or funds in the trust. [read post]
8 Apr 2015, 9:48 am
” Despite all of these definitions, on January 1, 2014, the Office of Medicaid put this definition into its regulations at 130 CMR 515.001: “Revocable Trust – a trust whose terms allow the grantor to take action to regain any of the property or funds in the trust. [read post]
22 Mar 2015, 7:24 pm
CMR remained the absolute owner of the property after the execution of the trust-deed, subject only to the estate of the trustees for her life, the trusts in the will would be valid. [read post]
16 Dec 2014, 6:26 pm
CMR remained the absolute owner of the property after the execution of the trust-deed, subject only to the estate of the trustees for her life, the trusts in the will would be valid. [read post]
30 Oct 2014, 9:47 pm
To this end, it compares the situation of Spanish nationals’ whose property was expropriated during the Cuban revolution, and the more recent expropriation suffered by a Spanish oil company in Argentina. [read post]
18 May 2014, 11:07 am
See 130 CMR 515.001. [read post]
18 May 2014, 11:07 am
See 130 CMR 515.001. [read post]
18 May 2014, 11:06 am
MassHealth regulations do not require that the fiduciary duties of a trust be ignored; rather, the fiduciary duties of a trustee are specifically recognized in the definition of “trust” at 130 CMR §515.001: “a legal device satisfying the requirements of state law that places the legal control of property or funds with a trustee. [read post]
18 May 2014, 11:06 am
MassHealth regulations do not require that the fiduciary duties of a trust be ignored; rather, the fiduciary duties of a trustee are specifically recognized in the definition of “trust” at 130 CMR §515.001: “a legal device satisfying the requirements of state law that places the legal control of property or funds with a trustee. [read post]
18 May 2014, 11:01 am
Morrissey, 329 Mass. 601 (1953), which held that under Massachusetts law, where the Settlor is also the beneficiary of a self-settled trust, the Settlor cannot keep property beyond reach of creditors by placing it in a spendthrift trust for the Settlor’s own benefit. [read post]
18 May 2014, 11:01 am
Morrissey, 329 Mass. 601 (1953), which held that under Massachusetts law, where the settlor is also the beneficiary of a self-settled trust, the settlor cannot keep property beyond reach of creditors by placing it in a spendthrift trust for the settlor’s own benefit. [read post]
18 May 2014, 10:28 am
See 130 CMR 520.019. [read post]
18 May 2014, 10:28 am
See 130 CMR 520.019. [read post]
9 Dec 2013, 6:32 am
The Massachusetts Contingency Plan (310 CMR 40.0000) (“MCP”) is the set of regulations under Chapter 21E. [read post]
25 Nov 2013, 12:09 pm
By John G. [read post]
