IN RE BARKEMA TRUST

No. 03-1836.

690 N.W.2d 50 (2004)

In the Matter of the George G. BARKEMA TRUST. Gayle Torgerson and Dianne Gille, Beneficiaries, Appellants, v. Richard G. Barkema, Trustee, and Health Management Systems, Inc., An Agent for Iowa Department of Human Services, Appellees.

Supreme Court of Iowa.

December 10, 2004.


Attorney(s) appearing for the Case

James A. Brewer of Newbrough, Johnston, Brewer, Maddux & Howell, L.L.P., Ames, for appellants.

Thomas J. Miller, Attorney General, and Barbara E.B. Galloway, Assistant Attorney General, for appellees Iowa Department of Human Services and Health Management Systems, Inc.

Gary J. Groves, Webster City, for appellee trustee.


CADY, Justice.

In this appeal, we must decide if the corpus of a support trust is included in the estate of the beneficiary of the trust upon death for purposes of a claim for recovery of Medicaid benefits provided to the trust beneficiary during her lifetime for nursing home care. The district court found the trust was included within the estate. Upon our review, we affirm.

I. Background Facts and Proceedings

George Barkema established a trust in...

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