MILLER v. DEP'T. MENTAL HEALTH

Docket No. 81754, (Calendar No. 2).

432 Mich. 426 (1989)

442 N.W.2d 617

MILLER v. DEPARTMENT OF MENTAL HEALTH

Supreme Court of Michigan.

Decided June 6, 1989.


Attorney(s) appearing for the Case

Daniel E. Atkins for the petitioner.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and George L. McCargar, Patrick J. O'Brien, and Irene M. Mead, Assistant Attorneys General, for the respondent.

Amicus Curiae:

Hill, Lewis, Adams, Goodrich & Tait (by John D. Mabley) for the State Bar of Michigan, Probate and Estate Planning Section.


LEVIN, J.

The question presented is whether Carol Miller's interest in a trust established by her father is an asset that the Michigan Department of Mental Health can claim to reimburse itself for services rendered to her by the department.

We hold that if, as contended by Carol Miller, her interest in the trust is as a beneficiary of a discretionary trust, she would not have an ascertainable interest in the assets of the trust, and her interest in the trust...

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