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Wills, Trusts & Estates Keyed to Gallanis
Myers v. Department of Social and Rehabilitation Services
Citation:
866 P.2d 1052 (Kan. 1994)Facts
In 1981, Caroline H. Myers executed her will, which provided for a trust for the care, support, and maintenance of her son, Darrell E. Myers, Jr. She bequeathed the sum of $110,000 to the trust. Upon her son’s death, the principal and any undistributed income were to be distributed to Caroline’s daughter and granddaughter, or the survivor thereof. Caroline H. Myers died in 1989. Darrell E. Myers, Jr., had been receiving public medical assistance from the State prior to the death of Mrs. Myers. Myers had suffered from severe mental and physical disabilities for several years although the record does not indicate when he began receiving public assistance. In July of 1990, SRS terminated Myers’ medical assistance when he failed to return an annual eligibility review form. Myers reapplied for assistance in November of 1990, but SRS denied the application, claiming Myers had resources which exceeded the eligibility level established by SRS regulations. The denial notice stated that assets held in trust for Myers were considered available to meet his medical needs.Myers appealed the SRS decision of October 25, 1991, denying him medical assistance.
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