In re Valerie R. Pecce Supplemental Needs Trust, 19-P-591 (Mass Ct. App. 2021)

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 must first be used to reimburse the Massachusetts division of medical assistance (hereinafter MassHealth) for benefits provided to Valerie during her lifetime, before any remaining assets can be distributed to other 2001 trust beneficiaries.

In re Valerie R. Pecce Supplemental Needs Trust, 19-P-591 (Mass Ct. App. 2021)