- 19 - and the elderly, is rapidly growing and changing with a frequency that seems to rival tax law’s. The policy decisions already made by Congress and the states in that area--acknowledging the use of trusts and asset transfers in preparing to qualify for Medicaid benefits, but limiting them and, in cases like this, subjecting them to state-court review--strongly counsel us to not second- guess those courts in the guise of reallocating settlements years later in estate-tax cases. A second factor making us reluctant to upset the allocation here is that the initial allocation of the settlement was not between taxable and nontaxable amounts. Unlike Robinson, the allocation here was entirely among various causes of action all of which produced nontaxable transfers to the Hickses. That reduces the probability that tax avoidance was driving the allocation--to be sure, there would be foreseeable tax consequences, but those consequences depended on questions that couldn’t be answered with much certainty: Would Clyde and Theresa die before Kimberly? How much money would the trusts have to spend on her? Would the Blue Cross/Blue Shield insurance lapse sooner or later or not at all? And we finally return to Ohio’s law expressly giving probate courts the authority to review intrafamily allocations of tort settlements when minors are involved. This reflects the all-too- human likelihood that not all families will respond to the typePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 10, 2007