123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> General >> View Article

Douglas V. Kardos: A Win For California Estate Recovery Against Annuities

Profile Picture
By Author: Dale Krause
Total Articles: 15
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

Mr. Schow entered a California nursing home in July of 2002 and received Medi-Cal benefits from that point on, until his untimely death in November of 2003. To establish his Medi-Cal eligiblity Mr. Schow’s wife had purchased a Medi-Cal Compliant Annuity. In January of 2005, Mrs. Schow purchased a Medi-Cal Compliant Annuity with what remained of her life savings, and entered a nursing home in February of 2009. Mrs. Schow received Medi-Cal benefits from that point on, until her untimely death in September of 2009.

In April of 2010 the California Department of Health Care Services (“DHCS”) requested repayment for health care services provided to Mrs. Schow in the amount of $24,236.93 and for repayment for health care services provided to Mr. Schow int he amount of $49,095.12. Together, the requested repayment amount equates to $73,332.05, plus interest. In March of 2011 the daughter and personal representative of the estate, presented documentation to DHCS indicating the estate was valued at $1,603.60. Payment of the same was made to DHCS. DHCS then sough to pursue the residual benefits of Mrs. Schow’s annuity, ...
... which were passed to the daughter through an irrevocable beneficiary designation upon Mrs. Schow’s death.

Ultimately, in the words of DHCS, “the State has no means to recover from a properly structured annuity contract…that names a beneficiary other than the estate of the decedent.” The residual annuity benefits did not become a part of Mrs. Schow’s estate upon her death. Thus, DHCS had no standing to claim against the annuity in question.

As the defendant’s brief comes to a conclusion, the defendant’s attorney states:

“The DHCS has maintained an unreasonable posture with the intent of bullying a senior into paying a demand they cannot justify. All of the DHCS participants in the process have not had to bear personal responsibility, financial or ethically, for their conduct. The strategy of the Plaintiff has been to assert the power of the State in the manner that will cause the Defendant to yield to its power and to avoid responsibility for its dreadful mistake. This time, that strategy has failed. It is unnerving to think of how often it has succeeded.”

Prior to trial, the attorney general’s office saw the merits in the defendant’s case and accepted an offer to compromise. The case was dismissed.

Total Views: 290Word Count: 393See All articles From Author

Add Comment

General Articles

1. Choosing The Right Materials For Cnc Plastic Machining: A Comprehensive Guide
Author: Mike Brogan

2. Vidmate App Download Apk New Version
Author: VIDMATE APP

3. Seal Your Love With A Promise & Embrace It With A Hug: Thoughtful Gifts For Two Special Days
Author: Ajay

4. Ai Website Builder Vs. Free Html Templates
Author: Andrew

5. Crypto_ Advertising Solution Crypto_currency Advertising
Author: cryptocurrencybizopps

6. Best Kitchen Companies In Haywards Heath For Your Dream Kitchen
Author: alex

7. 3bhk Property In Lucknow: The Perfect Mix Of Comfort And Luxury
Author: Star Estate

8. Dermatologist-approved Tips For Managing Skin Allergies
Author: Mayra Singh

9. What Is An Insider Threat? How To Prevent It?
Author: Reinfosec

10. Why Are Google Ads Essential For Modern Dental Marketing?
Author: PSM

11. Luxury Hotel Market Analysis: Emerging Opportunities Worldwide
Author: mmr123

12. Master Java Programming With Infograins Tcs
Author: Infograins tcs

13. Comment Profiter De 50% De Réduction Sur Vos Prix De Moule D'injection ?
Author: MOULDING INJECTION

14. Why Choose Listany For Website Development? Scalable, Secure & Custom Solutions For Your Business
Author: Listany

15. How Udyog Erp Enhances Productivity In The Manufacturing Sector
Author: Udyog

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: