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DEPT. OF HUMAN SERV. v. ESTATE OF HOGAN

No. 93-337.

858 S.W.2d 105 (1993)

314 Ark. 19

ARKANSAS DEPARTMENT OF HUMAN SERVICES, Appellant, v. ESTATE OF Kimberly Dawn HOGAN, Appellee.

Supreme Court of Arkansas.

July 12, 1993.

Attorney(s) appearing for the Case

Richard B. Dahlgren, Sr. Atty., Little Rock, for appellant.

Robert W. Bishop, Michael Carter, Fort Smith, for appellee.

NEWBERN, Justice.

Two questions are presented in this appeal. The first is whether a probate court may approve a tort claim settlement on behalf of a ward if the settlement distributes funds to a trust designed not to be a medicaid qualifying trust. The second question is whether a probate court has authority to declare that such a trust is not a medicaid qualifying trust. We affirm the order approving distribution to the trust, but we reverse the order holding that...

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