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MATTER OF ESTATE OF ELROD

2492-A; CA A35742.

714 P.2d 1116 (1986)

78 Or.App. 183

In the matter of the ESTATE OF Madge ELROD, Deceased. Estate of Madge Elrod, Deceased, Carlyle Staab, Personal Representative, Herbert Dean Cram, Marjorie Alexander, Wayne Alexander, Robert D. Gibbs, and Arletta Gibbs, Respondents, v. STATE OF OREGON BY AND THROUGH THE ADULT AND FAMILY SERVICES DIVISION, Estate Administration Unit, Department of Human Resources, Appellant.

Court of Appeals of Oregon.

Decided February 26, 1986.

Attorney(s) appearing for the Case

Jeff Bennett, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on briefs were Dave Frohnmayer, Atty. Gen. and James E. Mountain, Jr., Sol. Gen., Salem.

Ralph G. Monson, Baker, argued the cause and filed brief for respondent Carlyle Staab, Personal Representative of the Estate of Madge Elrod, deceased.

No appearance for respondents Herbert Dean Cram, Marjorie Alexander & Wayne Alexander.

No appearance for respondents Robert D. Gibbs and Arletta Gibbs.

Before JOSEPH, C.J., and WARREN and ROSSMAN, JJ.

PER CURIAM.

Decedent had received old age assistance benefits and medical care from the state. The state filed two claims against her estate to recover compensation for the assistance provided. Shortly before her death, neighbors had obtained her signature on a deed which conveyed her personal residence, her only significant asset, to them. The personal representative for the estate hired an attorney, under a 40 percent contingency fee agreement, to file an action...

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