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Irrevocable Trust

Wednesday, July 28, 2021

Home Held in Trust is Not a “Countable” Asset


Emily Misiaszek and her husband created an irrevocable trust during their lifetime, the corpus of which included their home.  The terms of the Irrevocable Trust granted the Misiaszeks the right, during their lifetime, a limited power of appointment to appoint all or any portion of the trust principal to a nonprofit or charitable organization over which they have no controlling interest.  When Ms. Misiaszek applied for MassHealth long-term care benefits, she was denied on the basis that the home was a countable asset.  The Massachusetts Office of Medicaid’s Board of Hearings affirmed MassHealth’s decision, but a Superior Court judge reversed the board’s ineligibility determination.
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