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GUILFOIL v. SECRETARY OF THE EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

SJC-12922.

486 Mass. 788 (2021)

JOELLEN GUILFOIL, personal representative, v. SECRETARY OF THE EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Supreme Judicial Court of Massachusetts, Worcester.

February 9, 2021.

Attorney(s) appearing for the Case

Lisa M. Neeley for the plaintiff.

Samuel M. Furgang , Assistant Attorney General, for the defendant.

Patricia Keane Martin & C. Alex Hahn , for Massachusetts Chapter of the National Academy of Elder Law Attorneys, amicus curiae, submitted a brief.

Present: BUDD, C.J., GAZIANO, LOWY, CYPHER, & KAFKER, JJ.

This case concerns whether the entire interest in a property transferred into a nominee trust is a countable asset in an individual's Medicaid eligibility determination where the individual has retained a life estate in the property. The plaintiff, Dorothy Frank,2 created a trust, the sole corpus of which...

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