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Case No. 18-0590

Estate of Jill A. Jordan
v.
Iowa Medicaid Enterprise Estate Recovery Program

Appellant

Estate of Jill A. Jordan

Appellee

Iowa Medicaid Enterprise Estate Recovery Program

Attorney for the Appellant

David H. Skilton

Attorney for the Appellee

Matthew K. Gillespie, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0590
Date Published:
Jan 09, 2019
Summary

            Appeal from the Iowa District Court for Cerro Gordo County, DeDra L. Schroeder, Judge.  AFFIRMED.  Heard by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            An estate appeals from the district court’s order granting summary judgment in favor of the Iowa Department of Human Services on the estate’s petition for declaratory judgment regarding the payment of an annuity.  OPINION HOLDS: On Jill Jordan’s death, the remaining annuity balance became the personal property of the department as the “100% primary beneficiary.”  The balance was never a probate asset subject to Iowa Code section 633.425 (2017).  The district court did not err in granting the department’s motion for summary judgment.

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