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IN RE ESTATE OF GIST

No. 07-1142.

763 N.W.2d 561 (2009)

In the Matter of the ESTATE OF Elenore GIST. Iowa Department of Human Services, Appellee, v. Susan Eral and Colleen Conrad, Appellants.

Supreme Court of Iowa.

March 27, 2009.

Attorney(s) appearing for the Case

Daniel D. Dykstra, Joel D. Vos, and Deena A. Townley of Heidman, Redmond, Fredregill, Patterson, Plaza, Dykstra & Prahl, L.L.P., Sioux City, for appellants.

Thomas J. Miller, Attorney General, and Barbara E.B. Galloway, Assistant Attorney General, for appellee.

WIGGINS, Justice.

We must decide whether the district court correctly allowed the State to enforce its Title XIX lien against a trust containing a spendthrift clause. Because we find the trust is a discretionary trust with standards, we conclude our common law allows the State to recover its lien for necessities supplied to the beneficiary from the trust, in spite of the spendthrift provision. We also conclude the lack...

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