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MILLER v. KANSAS DEPT. OF S.R.S.

No. 88,761

275 Kan. 349 (2003)

64 P.3d 395

MARY SYLVIA MILLER, Appellee, v. STATE OF KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellant.

Supreme Court of Kansas

Opinion filed March 7, 2003.

Attorney(s) appearing for the Case

Reid Stacey, of Kansas Department of Social and Rehabilitation Services, argued the cause and was on the briefs for appellant.

John W. Jordan, of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

NUSS, J.:

This case involves the interpretation of Medicaid statutes, as well as Edward Miller's will and its pourover trust created for the lifetime benefit of his surviving spouse, Mary Sylvia Miller. At issue is whether the State of Kansas Department of Social and Rehabilitation Services (SRS) should consider any part of the trust principal to be a resource available to...

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