ECKES v. RICHLAND CTY. SOCIAL SERV.

No. 20000142.

621 N.W.2d 851 (2001)

2001 ND 16

Roland ECKES, Personal Representative of the Estate of Hattie C. Hillestad, deceased, Petitioner and Appellant, v. RICHLAND COUNTY SOCIAL SERVICES, Richland County Social Service Board, and North Dakota Department of Human Services, Respondents and Appellees.

Supreme Court of North Dakota.

February 1, 2001.


Attorney(s) appearing for the Case

Linda A. Catalano, Legal Assistance of North Dakota, Fargo, ND, for petitioner and appellant.

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


KAPSNER, Justice.

[¶ 1] Roland Eckes, personal representative of the estate of Hattie Hillestad, appeals the district court's affirmation of the decision of an administrative law judge ("ALJ"), adopted as the final order by the Department of Human Services ("Department"), disqualifying Hillestad from Medicaid benefits because assets of a residuary trust, of which she was a beneficiary, were "available" for the purpose of determining eligibility for Medicaid....

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