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.
Category: Excess Assets
- Issue is whether MassHealth was correct in determining that appellant’s ownership interest in jointly-held stocks are accessible assets, and therefore countable to appellant in a MassHealth eligibility determination. Appeal is denied.
Community spouse has income amount less than MMMNA; spouse entitled to keep all of appellant’s income after PNA deduction; spouse entitled to all excess assets.
- Issue is whether MassHealth was correct in determining the appellant’s MassHealth start date. Ordered to change start date.
- Issue is whether the appellant’s jointly-held real estate should be deemed non-countable. MassHealth ordered to disregard appellant’s jointly-owned real estate from countable assets and to approve the application if otherwise eligible.
- MassHealth determined that appellant is not eligible to receive MassHealth benefits due to excess countable assets. Ordered to rescind notice, re-open application, and determine the appellant’s eligibility based on the determination that the excess asset amount is now $0.
- Issue is whether MassHealth was correct in determining that the appellant’s spouse’s assets exceed the limit for MassHealth. Other issue is whether the appellant is allowed to retain the excess assets in order to meet her MMMNA. Appeal is approved.
- Issue is whether the community spouse is entitled to an increase in the spousal maintenance needs allowance, based on exceptional circumstances. Appeal denied.
Fair Hearing Decisions 1703276
- Issue is whether MassHealth was correct in determining that Appellant’s assets exceed MassHealth’s limits. Appeal denied.
- MassHealth denied the appellant’s application. Ordered to re-determine eligibility based on the determination that the excess asset amount is now $0 after a shift of excess assets to the community spouse to help pay for a necessary stay in assisted living.