Gragert v. Lake, et al., No. 12-6137, 2013 U.S. App. LEXIS 20473 (10th Cir. Oct. 8, 2013)

(married couple sold rental real estate to son for $28,000 in return for promissory note in wife's name; note could not be sold or assigned; husband entered nursing home and made Medicaid application; state Medicaid agency determined that note was available resource and, as a result, husband ineligible for Medicaid benefits; trial court determined that note was an available resource on basis that promissory notes are available resources; appellate court reversed on basis that not assignable and could not be sold and could not, therefore, be converted to cash).