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.
- 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.
- 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.
- Issue is whether MassHealth was correct in determining the appellant’s MassHealth benefits start date. Appeal approved to change the appellant’s start date.
- Denied initially because assets were determined to exceed the limit for MassHealth. In appeal, out-of-state real estate held in the appellant’s spouse’s name is determined to be inaccessible and non-countable at this time. Therefore, appellant is eligible for MassHealth.