Daley and Nadeau Decisions
Massachusetts' highest court ruled Monday that the home property and the remainder interest held in Medicaid applicants' irrevocable income-only trusts were not available assets even though the applicants retained the right to use the houses during their lifetimes. Daley v. Secretary of the Executive Office of Health and Human Services
(Mass., No. SJC-12200, May 30, 2017) and Nadeau v. Director of the Office of Medicaid
(Mass., No. SJC-12205, May 30, 2017).
NAELA member Brian Barreira, CELA, represented Mary Daley, and NAELA member Lisa Neeley represented Lionel Nadeau. NAELA and the Massachusetts Chapter of NAELA submitted amicus briefs in support of the Nadeaus and Daleys, as did the Real Estate Bar Association of Massachusetts.