Burial Trusts Under Attack from MassHealth

MassHealth’s legal department has recently become issuing opinion letters to the MassHealth case workers stating that assets in burial trusts are countable assets, which is in clear contradiction to the regulations.  In the MassHealth appeal 120957, the fair hearing officer writes “Without reviewing the specific life insurance policies or the funeral trust in this case, MassHealth’s legal unit has concluded, according to the MassHealth representative, that it “isn’t accepting burial trusts anymore.”   This is a problem, because as far as this fair hearing officer is aware, the regulation allowing burial trusts has not changed since the last revision on 2/10/06.”

For the full MassHealth fair hearing opinion click: MassHealth Appeal 120957

Margaret L. Cross-Beliveau, Esq., LL.M.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate planning attorneys at the Beliveau Law Group provides legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Boca Raton, Florida; Danvers, Massachusetts; Waltham, Massachusetts; Quincy, Massachusetts; Manchester, New Hampshire and Salem, New Hampshire.

Caretaker Contracts and Salary to Family Members

In the MassHealth Appeal decision 1200340, MassHealth determined that the rate of pay to family members under the caretaker contract was excessive but contrary to MassHealth argument, the care provided by the family member did have fair market value.

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