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ESTATE OF FURGASON v. DHSS

No. 96-2812.

211 Wis.2d 732 (1997)

566 N.W.2d 169

The ESTATE OF Mildred FURGASON and the Estate of John Furgason, by Daniel Furgason, Petitioners-Appellants, v. WISCONSIN DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided May 15, 1997.

Attorney(s) appearing for the Case

On behalf of the petitioners-appellants, the cause was submitted on the briefs of James A. Jaeger of Hill, Glowacki, Jaeger & Reiley of Madison.

On behalf of the respondent-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Bruce A. Olsen, assistant attorney general.

Before Dykman, P.J., Vergeront and Deininger, JJ.

DYKMAN, P.J.

The estates of Mildred and John Furgason appeal from a judgment affirming a decision of the Wisconsin Department of Health and Social Services (DHSS). DHSS concluded that the Furgasons were ineligible for medical assistance (MA) benefits because the farm that they placed in a revocable trust did not qualify as an exempt asset. We conclude that the farm held in trust was an exempt homestead, and therefore DHSS erred in denying the Furgasons MA benefits...

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