Eckes v. Richland County Social Services

KAPSNER, Justice.

[¶ 1] Roland Eckes, personal representative of the estate of Hattie Hillestad, appeals the district court’s affirmation of the decision of an administrative law judge (“ALJ”), adopted as the final order by the Department of Human Services (“Department”), disqualifying Hillestad from Medicaid benefits because assets of a residuary trust, of which she was a beneficiary, were “available” for the purpose of determining eligibility for Medicaid. We hold the Department erred in construing the intent of Hillestad’s deceased husband to allow Hil-lestad to invade the trust principal…