Oyloe v. ND Department of Human Services
v.
North Dakota Department
of Human Services Appellee
Judge Richard L. Hagar
| Appellee: | Jean R. Mullen , Att. General Office | |
| Appellant: | Larson Latham Bliss Huettl, LLP |
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1.Did the North Dakota Department of Human Services err by ignoring the express terms of the Trust that provide that the house sales proceeds be distributed in accordance with the residuary dispositive provision of section 2(c)?
2.If it is determined that the express terms of the Trust fail to provide for the residuary distribution of the net sales proceeds of the house in accordance with section 2(c), did the North Dakota Department of Human Services err by determining the Trust is not ambiguous and by refusing to consider extrinsic evidence to ascertain the Appellants' intentions to distribute the house sales proceeds?
Reply Brief Issues
1. Whether The Record Fails To Support The Department's Claim That The Oyloes, In Establishing The Trust, Intended To Shield Their Assets And Qualify For Medicaid?
2. Whether Public Policy Permits The Oyloes' Use Of The Trust?
3. Whether Allen v. Wessman Should Be Disregarded As Inapplicable And Unjust Precedent?
4. Whether Evidence Of The Oyloes' Intent Should Be Considered To Rectify The Ambiguity In The Trust?
Appellee's Statement of the Issues:
1. Whether the assets in a trust were available to the Oyloes because the trust met the definition of a Medicaid-qualifying trust under federal Medicaid law.
2. Whether the change to the trust requested by Appellants is contrary to public policy.
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