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IN RE ESTATE OF WIRTZ

No. 990275.

607 N.W.2d 882 (2000)

2000 ND 59

In the Matter of the ESTATE OF Verna M. WIRTZ, Deceased. North Dakota Department of Human Services, Claimant and Appellant, v. Vernon Caroline, as Personal Representative of the Estate of Verna Wirtz, deceased, Respondent and Appellee.

Supreme Court of North Dakota.

March 21, 2000.

Attorney(s) appearing for the Case

Blaine L. Nordwall, Special Assistant Attorney General, Bismarck, for claimant and appellant.

Shane C. Goettle of McGee, Hankla, Backes & Dobrovolny, Minot, for respondent and appellee.

NEUMANN, Justice.

[¶ 1] The North Dakota Department of Human Services appeals from the trial court's order denying the department's claim against Verna M. Wirtz's estate for Medicaid benefits paid by the department for the benefit of Clarence Wirtz. We reverse and remand.

[¶ 2] Clarence Wirtz and Verna Wirtz married in 1943. In July 1996, Clarence Wirtz began receiving Medicaid benefits to pay for nursing home care. Clarence Wirtz continued to receive...

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