Missouri Div. of Family Services v. Wilson, No. WD
| Court | Court of Appeal of Missouri (US) |
| Writing for the Court | SPINDEN |
| Citation | 849 S.W.2d 104 |
| Parties | In re: MISSOURI DIVISION OF FAMILY SERVICES, Appellant, v. George WILSON, Respondent. 46028. |
| Docket Number | No. WD |
| Decision Date | 26 January 1993 |
Page 104
v.
George WILSON, Respondent.
Western District.
Motion for Rehearing and/or Transfer to
Supreme Court Denied March 2, 1993.
Application to Transfer Denied April 20, 1993.
Page 105
Linda Ray-McKenna, Jefferson City, for appellant.
Edward F. Ford III, Kansas City, for respondent.
Before FENNER, P.J., and TURNAGE and SPINDEN, JJ.
SPINDEN, Judge.
The director of the Division of Family Services (DFS) concluded that George Wilson was not eligible for Medicaid benefits. The trial court disagreed and reversed the director's decision, and DFS appeals. We affirm the judgment of the circuit court.
DFS decided that Wilson was ineligible because he is the beneficiary of a trust established for him by his former employer, Carolyn Miller. The trust agreement states the reason for Miller's creating the trust:
Miller funded the trust with a one-time payment of $90,000. The trust agreement mandated:
Page 106
....
... If at any time or from time to time, in the sole discretion of the Trustee, the aggregate of the payments to George H. Wilson or Hazel Wilson hereunder and the funds available from all other sources should be insufficient to provide adequately for the support, maintenance and health of said beneficiaries or their funeral expenses in the event of the death of either of them, the Trustee may pay to either of them or expend for the purposes mentioned such sum or sums out of the income, if available, or out of the corpus of the trust estate as the Trustee, in its sole discretion shall deem advisable for such purpose.
The trust terminates on the death of Wilson and his wife and the corpus and any undistributed income is to be distributed to Miller's three daughters.
On June 8, 1990, Wilson applied for Medicaid benefits. DFS' director deemed Wilson ineligible for benefits because the trust principal put Wilson's available resources above the statutory maximum. Section 208.100.5, RSMo 1986, directs that we review the trial court's reversal of this decision pursuant to § 536.140, RSMo 1986. DFS contends that the trial court's reversal was unauthorized by law. Section 536.140.2(4). In particular, DFS asserts that its determination was...
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Striegel v. South Dakota Dept. of Social Services, No. 18480
...sum and has the legal ability to make such sum available for support and maintenance." Missouri Div. of Family Serv. v. Wilson, 849 S.W.2d 104, 107 (Mo.App.1993) (citing 45 C.F.R. Sec. Should an applicant be the beneficiary of a MQT, as defined by 42 U.S.C. Sec. 1396a(k)(2), the applic......
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Lowes v. Lowes, No. 67A01-9411-CV-362
...is not intended to replace other means of assistance for needy persons. Missouri Div. of Family Serv. v. Wilson (1993), Mo.Ct.App., 849 S.W.2d 104, 106. Missouri has expressed its policy on this issue as The benefits available under these sections shall not replace those provided under othe......
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State ex rel. Nixon v. Turpin, No. WD
...Whether trust income is available to or due a beneficiary depends on the grantor's intent. Missouri Div. of Family Servs. v. Wilson, 849 S.W.2d 104, 107 In construing wills, the familiar rule prevails that they are to be construed as a whole; liberally construed; construed with reference to......
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Masterson v. Department of Social Services, Div. of Family Services, No. 80426
...government benefit programs), the instrument will be enforceable as drafted."); Missouri Division of Family Services v. Wilson, 849 S.W.2d 104 (Mo.App.1993); Tidrow v. Director of Missouri State Division of Family Services, 688 S.W.2d 9 (Mo.App.1985); Trust Company of Oklahoma v. State......
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Striegel v. South Dakota Dept. of Social Services, No. 18480
...sum and has the legal ability to make such sum available for support and maintenance." Missouri Div. of Family Serv. v. Wilson, 849 S.W.2d 104, 107 (Mo.App.1993) (citing 45 C.F.R. Sec. Should an applicant be the beneficiary of a MQT, as defined by 42 U.S.C. Sec. 1396a(k)(2), the applic......
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Lowes v. Lowes, No. 67A01-9411-CV-362
...is not intended to replace other means of assistance for needy persons. Missouri Div. of Family Serv. v. Wilson (1993), Mo.Ct.App., 849 S.W.2d 104, 106. Missouri has expressed its policy on this issue as The benefits available under these sections shall not replace those provided under othe......
-
State ex rel. Nixon v. Turpin, No. WD
...Whether trust income is available to or due a beneficiary depends on the grantor's intent. Missouri Div. of Family Servs. v. Wilson, 849 S.W.2d 104, 107 In construing wills, the familiar rule prevails that they are to be construed as a whole; liberally construed; construed with reference to......
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Masterson v. Department of Social Services, Div. of Family Services, No. 80426
...government benefit programs), the instrument will be enforceable as drafted."); Missouri Division of Family Services v. Wilson, 849 S.W.2d 104 (Mo.App.1993); Tidrow v. Director of Missouri State Division of Family Services, 688 S.W.2d 9 (Mo.App.1985); Trust Company of Oklahoma v. State......