The Online Resource for Massachusetts Poverty Law Advocates

Superior Court Decision Granting Hardship Waiver in Medicaid Estate Recovery Case

Date: 
06/05/2020
Author: 
Judge Christine Roach

This was a Medicaid Estate Recovery case in which EOHHS was pursuing a reimbursement claim against the estate of a single parent who died at home leaving her disabled adult son living in the home along with the sister who had moved in after their mother's death. The family home was the only asset of value in the estate. The mother's 30 year old will left the house to her parents. Her parents now in their 90s and living in another state gave up their claim under the will. The personal representative applied for a hardship waiver of estate recovery on behalf of the disabled adult son  pursuant to 130 CMR 515.011(D). EOHHS denied the request and sued the estate for the full amount of the claim on the grounds that the son didn't have a sufficient legal interest in the house.  Peter Benjamin did a great job briefing the legal issue and telling the family's story. J. Roach denied the state's motion for summary judgment and granted summary judgment for the estate. 

Attached is the June 5, 2020 decision, EOHHS's summary judgment brief, and the Estate's brief in opposition to SJ for EOHHS and in support of its cross-motion for SJ.

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