Webinar: The Treatment of Irrevocable Trusts in Massachusetts by MassHealth After the Daley and Fournier Decisions

MassHealth lawyers have made arguments in the past that if you place your home in an irrevocable trust but still reside in your home then the asset is countable when it comes to MassHealth qualification. They have also concocted ways that trusts could be abused so that the elderly person can “have their cake and eat it too.” The Supreme Judicial Court decisions in the Daley and Fournier cases squashed most of the MassHealth lawyers’ arguments. Join us for a discussion about how the treatment of irrevocable trusts in Massachusetts by MassHealth has changed following the Daley and Fournier SJC decisions. We will be joined by our guest speaker Attorney Nick Kaltsas from Elder & Disability Law Advocates in Worcester. In this webinar we will be covering:

– Can residing in your home after you deeded the home to an irrevocable trust cause your home to be treated as a countable asset in the MassHealth application process?

– If your home is in an irrevocable trust will you be able to qualify for MassHealth?

– What arguments are no longer available to MassHealth lawyers after these SJC decisions?

The opinions expressed in this webinar are the opinions of Attorney Brian Barreira and Attorney Nick Kaltsas on the law as written as of the date of the webinar recording, October 21, 2021. The information presented in the webinar is for informational purposes only, and is not a substitute for individualized legal advice.

The webinar transcript can be accessed through the link below.