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THOMAS v. SENIOR AND DISABLED SERVICES

5096; CA A75479.

860 P.2d 897 (1993)

124 Or. App. 45

In the Matter of the Estate of Elizabeth Jane Thomas, Deceased. Elizabeth Jane THOMAS, By and Through Agnes M. PETERSEN, Personal Representative of the Estate of Elizabeth Jane Thomas, Respondent, v. STATE of Oregon, By and Through SENIOR AND DISABLED SERVICES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided October 20, 1993.

Attorney(s) appearing for the Case

Douglas F. Zier, Asst. Atty. Gen., argued the cause for appellant. With him on the briefs were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Robert P. Van Natta, St. Helens, argued the cause for respondent. With him on the brief was Van Natta & Petersen.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.

RIGGS, Judge.

The state appeals an order approving the final accounting for an estate. We affirm.

The state made $21,733.10 in medical assistance payments to the decedent. ORS 414.105(2) authorizes the state to recover medical assistance payments from the recipient's estate.1 Accordingly, in 1982, the state filed a liquidated claim against the decedent's estate for $21,733.10. Because the estate consisted of a small cash balance...

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