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STATE, DEPT. OF SOCIAL SERVICES v. BRUNDAGE

No. WD 60535.

85 S.W.3d 43 (2002)

STATE of Missouri, DEPARTMENT OF SOCIAL SERVICES, DIVISION OF MEDICAL SERVICES, Appellant, v. Donald Lee BRUNDAGE, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied August 22, 2002.

Application for Transfer Denied October 22, 2002.

Attorney(s) appearing for the Case

Carolyn Hajaved Kerr, Division of Legal Services, Jefferson City, for Appellant.

Carlyle L. Foley, Daniel Ray Dunham, Columbia, for Respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 22, 2002.

RONALD R. HOLLIGER, Judge.

Vincent Brundage died in February 1998, leaving a small estate. Respondent Donald Brundage ("Brundage") filed an "Affidavit to Establish Distributees of Decedent Where Total Estate Is Less than $40,000.00" (the "small estate affidavit") on May 11, 1998.1 The decedent's will was admitted to probate on May 18, 1998, but no application...

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