EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES v. MONDOR

SJC-13179.

491 Mass. 1015 (2023)

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES v. LINDA MARIE MONDOR & others (and a consolidated case).

Supreme Judicial Court of Massachusetts.

January 27, 2023.


Attorney(s) appearing for the Case

Jesse M. Boodoo , Assistant Attorney General, for Executive Office of Health and Human Services.

Brian E. Barreira for Lisa Marie Mondor & others.

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


The parties to these consolidated cases seek a judgment declaring their respective rights to the remainder proceeds of two annuity contracts, each of which names the Commonwealth as primary remainder beneficiary and the individual defendants as contingent remainder beneficiaries. In each case, the plaintiff, the Executive Office of Health and Human Services (Commonwealth), only claims entitlement to remainder proceeds up to the amount of medical assistance paid on behalf...

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