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MATTER OF VALERIE R. PECCE SUPPLEMENTAL NEEDS TRUST

No. 19-P-591.

99 Mass. App. Ct. 376 (2021)

IN THE MATTER OF THE VALERIE R. PECCE SUPPLEMENTAL NEEDS TRUST (and a companion case).

Appeals Court of Massachusetts, Essex.

March 31, 2021.

Attorney(s) appearing for the Case

James R. Knudsen for Gino DiGiacomo.

Julia Kobick , Assistant Attorney General, for MassHealth.

Present: RUBIN, DESMOND, & ENGLANDER, JJ.

This case presents the question whether a trust created with reference to the Federal Medicaid statutes — the Valerie R. Pecce Supplemental Needs Trust (2001 trust) — should be reformed due to mistake. According to the petitioner, Gino DiGiacomo, the 2001 trust incorrectly and unnecessarily provides that trust assets...

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