IN RE ESTATE OF MELBY

No. 12-1593.

841 N.W.2d 867 (2014)

In the Matter of the ESTATE OF Arnold MELBY, Deceased. Iowa Department of Human Services, Appellant, v. James D. Lohman, Appellee.

Supreme Court of Iowa.

January 10, 2014.


Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, and Barbara E.B. Galloway and Timothy L. Vavricek , Assistant Attorneys General, for appellant.

Bradley J. Nelson of Norelius Nelson PC, Denison, for appellee.


HECHT, Justice.

The Iowa Department of Human Services appeals from a district court ruling on the department's claim in probate for recovery of Medicaid payments made for services provided to an elderly married couple. The recipients of the services were trustors of separate irrevocable trusts. The district court's ruling concluded the trustors' interests in the trusts were limited to their right to receive the net income from the trusts' assets, and the department...

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