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MATTER OF ESTATE OF THOMPSON

Civil No. 980050

586 N.W.2d 847 (1998)

1998 ND 226

In the Matter of the ESTATE OF Victoria Jane THOMPSON, Deceased. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES, Petitioner and Appellee v. Lyndon R. THOMPSON, Personal Representative of the Estate of Victoria Jane Thompson, Deceased, Respondent and Appellant.

Supreme Court of North Dakota.

December 22, 1998.

Attorney(s) appearing for the Case

Blaine L. Nordwall, Special Assistant Attorney General, Bismarck, N.D., for petitioner and appellee.

Steven E. McCullough, of Ohnstad Twichell, West Fargo, N.D., for respondent and appellant.

SANDSTROM, Justice.

[¶ 1] Lyndon R. Thompson, personal representative of the estate of Victoria Jane Thompson (the personal representative), appealed an order granting the claim of the Department of Human Services (the department) against Victoria Thompson's estate for medical assistance provided to her spouse, Nathaniel M. Thompson. We conclude 42 U.S.C. § 1396p authorizes the department's claim and North Dakota's estate recovery statute was not applied...

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