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IN RE ESTATE OF KOCHEVAR

No. 03CA0609.

94 P.3d 1253 (2004)

In the Matter of the ESTATE OF Molly E. KOCHEVAR, Deceased. Colorado Department of Health Care Policy and Financing, Petitioner-Appellant, v. Joseph Kochevar, Personal Representative, Respondent-Appellee.

Colorado Court of Appeals, Div. IV.

June 17, 2004.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Tiffany West Smink, Assistant Attorney General, Denver, Colorado, for Petitioner-Appellant.

Solem, Mack & Steinhoff, P.C., R. Eric Solem, Peter T. Harris, Englewood, Colorado, for Respondent-Appellee.

Opinion by Judge VOGT.

The Colorado Department of Health Care Policy and Financing (Department) appeals the probate court's summary judgment in favor of the Estate of Molly E. Kochevar (decedent). We reverse and remand for further proceedings.

I.

In October 2001, the Department filed a claim in the probate court, seeking to recover from the Estate $76,109.08, representing Medicaid payments paid on behalf of the decedent before her death in March...

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