Legal Opinion

Accounts Management, Inc. v. Nelson

South Dakota Supreme Court

Decided May 21, 2003No. NonePublished

1Opinion of the Court

ZINTER, Justice.

[¶ 1.] James Nelson was admitted to McKennan Hospital, where he remained until his death. Eight days prior to his admission, approximately $1.2 million was deposited into a trust for Nelson’s needs. Not knowing of the trust, McKennan applied for and received Medicare benefits on his behalf. After Nelson’s death, McKennan filed a claim against his estate for the remaining expenses not covered by Medicare. This claim was paid by the estate, and McKennan released the estate from all further claims. However, in a subsequent Medicare audit, it was learned that Nelson was not…

2Cases cited9 opinions

  1. State v. PellegrinoSouth Dakota Supreme Court · 1998
  2. State v. KnocheSouth Dakota Supreme Court · 1994
  3. South Dakota State Cement Plant Commission v. Wausau Underwriters Insurance Co.South Dakota Supreme Court · 2000
  4. Kostel Funeral Home, Inc. v. Duke Tufty Co.South Dakota Supreme Court · 1986
  5. Braun v. New Hope TownshipSouth Dakota Supreme Court · 2002

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