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NEADERHISER v. ST. DEPT. OF SOCIAL & REHAB. SERV.

No. 55, 541

9 Kan. App. 2d 115 (1983)

673 P.2d 462

EMMA NEADERHISER, Appellee, v. STATE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellant.

Court of Appeals of Kansas.

Opinion filed December 22, 1983.

Attorney(s) appearing for the Case

Stephen J. Craeton, of State Department of Social and Rehabilitation Services, of Topeka, for the appellant.

Evan Corman of Corman & Barefield Law Office, of Minneapolis, for the appellee.

Before SPENCER, P.J., JEROME HARMAN, C.J. Retired, assigned, and STEVEN P. FLOOD, District Judge, assigned.

HARMAN, C.J. Retired:

The State Department of Social and Rehabilitation Services (SRS) appeals a district court order reversing its denial of medical assistance to plaintiff Emma Neaderhiser. At issue is the nature of the real property plaintiff transferred to her son immediately before making application for assistance — was it joint tenancy property or was it some form of life estate?

In May, 1982, Mrs. Neaderhiser, an 89-year-old nursing home resident...

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