IN RE ESTATE OF RADUAZO

No. 2001-189.

148 N.H. 687 (2002)

IN RE ESTATE OF GERALDINE A. RADUAZO

Supreme Court of New Hampshire.

Opinion Issued: December 18, 2002.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Craig S. Donais, assistant attorney general, on the brief and orally), for the State.

Flynn & McGee, P.A. of Portsmouth (John P. McGee, Jr. on the brief and orally), for the Estate of Geraldine A. Raduazo.


BROCK, C.J.

The Estate of Geraldine Raduazo (Estate) appeals from an order of the Rockingham County Probate Court (O'Neill, J.) granting the State's motion for summary judgment and dismissing the Estate's petition for release of monies from the Medicaid lien. On appeal, the Estate argues that the State released its Medicaid lien against the Estate when it settled litigation against certain tobacco manufacturers in 1998. We reverse and remand.

As a preliminary...

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