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ESTATE OF WEST v. MOFFATT

No. WD 57683.

32 S.W.3d 648 (2000)

In the ESTATE OF Donald D. WEST, Missouri Department of Social Services, Division of Medical Services, Appellant, v. Janice West MOFFATT, Respondent.

Missouri Court of Appeals, Western District.

November 28, 2000.

Attorney(s) appearing for the Case

Jennifer L. Barth, Jefferson City, for appellant.

Kenneth Michael Hayden, Versailles, for respondent.

Before EDWIN H. SMITH, P.J., ULRICH, J. and ELLIS, J.

ULRICH, Judge.

The Department of Social Services of the State of Missouri (Department) appeals from the judgment of the probate court in favor of the Estate of Donald D. West (Estate) on the Department's claim seeking reimbursement under section 473.398, RSMo Cum.Supp 1995, for Medicaid expenditures paid to Donald D. West, decedent. The court ruled in favor of the Estate because it determined that the Department failed to satisfy its burden of proving the expenditure...

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