Shelf v. Wachovia Bank, NA

STEPHENS, Judge.

Travis Gambrell (“Gambrell”) was the beneficiary of an irrevocable “special needs trust” created on 14 June 2002 pursuant to a court-approved settlement in a medical malpractice action brought on Gambrell’s behalf. Through thé creation of the trust, Gambrell was eligible to receive governmental medical assistance, while also receiving distributions from the trust for his “extra and supplemental needs,” provided that, upon Gambrell’s death, “any state providing medical assistance to [] Gambrell shall receive all amounts remaining in the [t]rust up to an amount equal to the…