Pohlmann Ex Rel. Pohlmann v. Nebraska Department of Health & Human Services

This is an appeal from an order of the district court for Lancaster County affirming an order of the Nebraska Department of Health and Human Services (DHHS) which denied Ruth Pohlmann’s application for Medicaid benefits. The denial was based upon Ruth’s status as a beneficiary of a testamentary trust established by her late husband, Herman Pohlmann. We reverse, based upon our conclusion that DHHS and the district court erred in determining that the trust corpus was a disqualifying asset.

FACTS

On August 10, 1982, Herman executed his last will and testament, which provided for the creation of…