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WAHL v. MORTON COUNTY SOCIAL SERVICES

Civil No. 970248.

574 N.W.2d 859 (1998)

1998 ND 48

Lois WAHL, surviving spouse of Harold Wahl, deceased, and Dennis Wahl, Personal Representative of the Estate of Harold Wahl, deceased, Plaintiffs and Appellants, v. MORTON COUNTY SOCIAL SERVICES and North Dakota Department of Human Services, Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied March 30, 1998.

Attorney(s) appearing for the Case

Gregory C. Larson, of Wheeler Wolf, Bismarck, for plaintiffs and appellants. Appearance by Melissa Hauer.

Jean R. Mullen, Assistant Attorney General, Attorney General's Office, Bismarck, for defendants and appellees.

SANDSTROM, Justice.

[¶ 1] Lois Wahl and her son, Dennis Wahl, personal representative of the estate of Harold Wahl (the Estate), appealed from a judgment affirming the Department of Human Services' denial of Harold Wahl's request for medicaid benefits. We hold the Department properly determined Lois Wahl's assets exceed the spousal allowance, making Harold Wahl ineligible for benefits, and we affirm.

I

[¶ 2] Harold and Lois Wahl were married...

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