Kryzsko v. Ramsey County Social Services

[¶ 31] I dissent from the majority opinion because I believe Alfred Kryzsko’s intent can be determined from the face of the trust document and that the trust’s language clearly shows he intended to create a discretionary trust, which may not be counted as an available asset in determining Peggy Kryzsko’s eligibility for Medicaid benefits. I would, therefore, reverse.

[¶ 32] The ALJ concluded the trust contained elements of both a discretionary and a support trust, and thus that the trust document was ambiguous. Whether or not a trust is ambiguous is a question of law, fully renewable by this…