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· 9/5/1990

Miller v. Ibarra

Citations

  • 746 F. Supp. 19
  • 1990 U.S. Dist. LEXIS 11851
  • 1990 WL 129147

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Congress did not intend to discourage this type of transaction and relying, in part, on the trusts’ remainder provisions
  • discussing various state court rulings on the availability of trust funds in determining medical eligibility
  • declaring trust assets unavailable because the trustee lacked discretion, under all circumstances, to distribute more than a specific dollar amount
  • court’s holding premised on unfairness of Colorado’s “Utah Gap” rule and motivations for the creation of trust
  • “Under the terms of the trusts at issue, assuming full exercise of discretion by the trustees, they cannot distribute more than an amount $20.00 less than the Medicaid income eligibility level.”
  • trust created by courts for incompetent person pursuant to State statute not self-settled

Source: CourtListener parenthetical corpus (CC0).

Judges: Carrigan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.