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ESTATE OF GROSS v. DEPT. OF HUMAN SERVICES

No. 20040071.

687 N.W.2d 460 (2004)

2004 ND 190

The ESTATE OF George GROSS, Appellant v. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES, Appellee.

Supreme Court of North Dakota.

Rehearing Denied November 19, 2004.

Attorney(s) appearing for the Case

Gregory C. Larson (argued), Damian J. Huettl (appeared), Wheeler Wolf, Bismarck, N.D., and Bradley D. Peterson (appeared), Legal Services of ND, Bismarck, N.D., for appellant.

Jean R. Mullen, Assistant Attorney General, Office of Attorney General, Bismarck, N.D., for appellee.

SANDSTROM, Justice.

[¶ 1] The Estate of George Gross appeals from a judgment affirming a Department of Human Services' decision that Gross's total countable assets for his household exceeded the maximum allowed for medicaid eligibility. We hold the Department's finding that George Gross's wife, Julia Gross, did not make a good faith effort to sell the monthly payments from a nonassignable annuity is supported by a preponderance of the evidence, and we affirm...

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