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SHELF v. WACHOVIA BANK, NA

No. COA10-1510.

712 S.E.2d 708 (2011)

Theresa SHELF and Robert Shelf, Petitioners, v. WACHOVIA BANK, NA, As the Trustee for the Benefit of Travis Gambrell, Bryan Thompson, As Public Administrator for the Estate of Travis Gambrell, Tara Larson, In Her Official Capacity Of Acting Director of the North Carolina Department of Health and Human Services and the North Carolina Department of Health and Human Services, Respondents.

Court of Appeals of North Carolina.

June 21, 2011.

Attorney(s) appearing for the Case

Egerton & Associates, PA, Greensboro, by Wendy Nolan and Lawrence Egerton , for Petitioners.

Attorney General Roy Cooper , by Assistant Attorney General Joel L. Johnson , for Respondent North Carolina Department of Health and Human Services.

Womble Carlyle Sandrige & Rice, PLLC, Raleigh, by Elizabeth K. Arias , for Respondent Wachovia Bank, NA.

STEPHENS, Judge.

Travis Gambrell ("Gambrell") was the beneficiary of an irrevocable "special needs trust" created on 14 June 2002 pursuant to a court-approved settlement in a medical malpractice action brought on Gambrell's behalf. Through the creation of the trust, Gambrell was eligible to receive governmental medical assistance, while also receiving distributions from the trust for his "extra and supplemental needs," provided that, upon Gambrell's death, "any state...

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