Appeal 1813276

Fair Hearing Decision 1813276

Trust cannot be considered countable asset; MassHealth counted $16,000 held in a revocable trust established by the spouse who is now deceased; spouse’s will left estate to appellant; appellant’s attorney currently unable to find someone willing to be trustee (terms of trust require corporate trustee with 50 years management experience); upon spouse’s death assets are supposed to be divided into two trusts; appellant is only beneficiary of one of them; amount to be distributed to marital trust if any is the minimum amount that would allow the trust to qualify for the federal estate tax deduction; amount to be distributed unknown and could be as little as nothing.

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