IN RE ESTATE OF CASTRO

No. 2-96-1235.

683 N.E.2d 1255 (1997)

289 Ill. App.3d 1071

225 Ill.Dec. 592

In re ESTATE OF Lena CASTRO, Deceased (The Department of Public Aid, Petitioner-Appellant, v. David Castro, Adm'r of the Estate of Lena Castro, Deceased, Respondent-Appellee).

Appellate Court of Illinois, Second District.

July 10, 1997.


Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Chicago, Janella L. Barbrow, Schmidt & Barbrow, Wheaton, for Department of Public Aid.

Robert F. Stringini, Law Offices of Robert F. Stringini, Ltd., Addison, Anthony J. Trotto, Addison, for Estate of Lena Castro.


Justice THOMAS delivered the opinion of the court:

The petitioner, the Illinois Department of Public Aid (the Department), filed this claim against the estate of Lena Castro (the estate) to recover for medical benefits paid for by the Department while the decedent resided in a nursing home. The trial court denied the claim, finding that settlement proceeds paid by the nursing home to the estate in connection with an injury sustained by the decedent in the nursing...

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