Estate Of Gist

763 N.W.2d 561 (2009)

Free access to 20,000 Casebriefs

Legal Analysis

Legal analysis from Dean's Law Dictionary will be displayed here.

Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

Alice and Glenn signed a joint will leaving all assets to the surviving spouse. If at the time of death, there was not a surviving spouse, the property was to go to their daughter Elenore, in trust for her lifetime. After Elenore's death, the assets would go to Glenn and Alice's granddaughters, Ds. In May 1982, after the death of Glenn, Alice signed a codicil to the will appointing Elenore's daughters, Ds as trustees for the testamentary trust. After the death of Alice, Elenore was forty-seven years old. Elenore began receiving Title XIX benefits under the Iowa medical assistance program in 1995. She continued receiving those benefits until her death on July 19, 2006. Ds completed a final report and accounting for the Elenore Gist Trust. P then filed a claim in probate court against the trust for the amounts it paid under Title XIX. P claimed Gist owed $396,570.20 to the State for services she received under Title XIX. The district court found the trust was a discretionary support trust set up for Elenore Gist and as such, it should be used to repay her Title XIX debt. Ds appealed.

Issues

The legal issues presented in this case will be displayed here.

Holding & Decision

The court's holding and decision will be displayed here.

© 2007-2025 ABN Study Partner

© 2025 Casebriefsco.com. All Rights Reserved.