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MATTER OF ESTATE OF BURNS

No. 34181-2-I.

904 P.2d 301 (1995)

79 Wash.App. 558

In the Matter of the ESTATE OF Margaret O. BURNS, Deceased. The STATE of Washington, DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Appellant, v. Michael L. OLVER, Personal Representative, Respondent.

Court of Appeals of Washington, Division 1.

October 23, 1995.

Attorney(s) appearing for the Case

Johnathan Meier, Seattle, for Amicus Curiae.

M. Catherine Walsh, Asst. Atty. Gen., Olympia, for Appellant.

Michael L. Olver, Seattle, for Respondent.

BECKER, Judge.

The Estate of Margaret Burns resists an attempt by the Department of Social and Health Services (DSHS) to recover medical care benefits paid to Burns before the effective date of Washington's estate recovery law, former RCW 43.20B.140. We hold that the event that triggered the law's application was the creation of Burns' estate, not her receipt of benefits. Therefore, the attempted application of the law is not retroactive, and the judgment in favor...

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