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Case No. 22-0048

In re Trust of Riessen


In the Matter of the Trust under the Will of Walter Riessen

Ronald Riessen, Trustee-Appellant

Attorneys for Appellant

Justin F. Reininger

Peter A. Goldsmith

Attorney for Appellee

Laura F. Kron, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Dec 07, 2022

            Appeal from the Iowa District Court for Ida County, James N. Daane, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Ahlers, J., and Danilson, S.J.   Opinion by Ahlers, J. Dissent by Danilson, S.J.  (12 pages)

            A trustee appeals following a determination that the Iowa Department of Health and Human Services is entitled to reimbursement from a trust for Medicaid benefits provided to the trust beneficiary prior to her death.  OPINION HOLDS: The district court correctly determined the cost of the Medicaid benefits should be reimbursed by the trust under Iowa Code section 249A.53(2) (2021).  DISSENT ASSERTS: I disagree that Riessen’s trust provisions can be interpreted to identify an ascertainable or measurable standard upon which the beneficiary had an interest subject to recoupment by the State.  Thus, I would reverse.

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