· 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 CourtListenerSourced 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.