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IN RE ESTATE OF HEATER

No. 4-94-0169.

640 N.E.2d 654 (1994)

266 Ill. App.3d 452

203 Ill.Dec. 734

In re ESTATE OF Frances HEATER, Deceased (James C. Heater, as Administrator of the Estate of Frances Heater, Deceased, Petitioner-Appellee, v. The Department of Public Aid, Respondent-Appellant).

Appellate Court of Illinois, Fourth District.

September 15, 1994.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Barbara L. Greenspan, Sp. Asst. Atty. Gen., Chicago, for appellant.

Randall W. Segatto, Barber, Segatto, Hoffee & Hines, Springfield, for appellee.

Justice LUND delivered the opinion of the court:

The case before us is one of first impression. Frances Heater died intestate on December 20, 1992. She was survived by her brother, petitioner James Heater, as her only heir. Her sister, Earlene Kiely, predeceased Frances on November 11, 1992, leaving her an inheritance valued at approximately $40,000. Prior to her death, Frances had received medical assistance from respondent, the Illinois Department of Public Aid...

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