Missouri Court of Appeals, Western District / Oct 9, 2018
Sheryl L. Hallam, Personal Representative of the Estate of Joe Bell vs. Missouri Department of Social Services, Family Support Division
Sheryl L. Hallam, as personal representative of Joe Bell's estate, appealed a decision by the Director of the Family Support Division denying Mr. Bell Vendor level MO HealthNet benefits and imposing a $607,000 transferred property penalty. The denial stemmed from Mrs. Bell's transfer of their homestead into a revocable trust, effective upon her death, which then distributed assets to her children. The appellate court affirmed the Director's order, concluding that transfers on death qualify as a disposition of assets under federal Medicaid law, and that a spouse's asset transfer can cause a penalty for the other spouse.