1. Home
  2. Browse Decisions
  3. FIRST CAPITAL SURETY & TRUST COMPANY v. ELLIOTT
 

FIRST CAPITAL SURETY & TRUST COMPANY v. ELLIOTT

Civil Action No. 4194-VCG.

FIRST CAPITAL SURETY & TRUST COMPANY, f/k/a MORGAN CHASE TRUST COMPANY, Petitioner, v. REESE BARNES ELLIOTT, III, TRAVIS ALAN ELLIOTT, STEPHANIE ELLIOTT, DELAWARE HEALTH AND SOCIAL SERVICES, DIVISION OF MEDICAID AND MEDICAL ASSISTANCE, PENINSULA SURGICAL GROUP, P.A., BEEBE MEDICAL CENTER, INC., THE DOVER POST COMPANY, PENINSULA REGIONAL MEDICAL CENTER P/O PENINSULA REGIONAL HEALTH SYSTEM, HEALTHSOUTH CHESAPEAKE, A DIVISION HEALTHSOUTH CORPORATION, ABILITY REHAB ASSOCIATES, and UNKNOWN OCCUPANTS, Respondents.

Court of Chancery of Delaware.

Decided: September 27, 2012.

Attorney(s) appearing for the Case

Jason C. Powell , of FERRY, JOSEPH & PEARCE, P.A., Wilmington, Delaware Attorney for Respondents Reese Barnes, III and Travis Alan Elliott.

Peter S. Feliceangeli , of STATE OF DELAWARE DEPARTMENT OF JUSTICE, Attorney for Respondents Rita M. Landgraf and Roseanne Mahaney.

James E. Deakyne, Jr. and Susan Huesman Mitchell , of TUNNELL & RAYSOR, P.A., Lewes, Delaware, Attorneys for Petitioner First Capital Surety & Trust Company.

MEMORANDUM OPINION

GLASSCOCK, Vice Chancellor.

This case involves a question of first impression: to what extent may the State of Delaware recover correctly paid Medicaid payments from a Supplemental Needs Trust upon the death of the beneficiary? Specifically, may the State seek to recoup Medicaid payments made to the beneficiary before the trust was established? I conclude that Congress' intent, as expressed by statute, is that a...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases