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IN RE ESTATE OF BERGMAN

Nos. 20030356, 20030357.

688 N.W.2d 187 (2004)

2004 ND 196

In the Matter of the ESTATE OF Lucille E. BERGMAN, Deceased. Lynn Bergman, as nominated Personal Representative of the Estate of Lucille E. Bergman, Petitioner v. North Dakota Department of Human Services, Respondent and Appellant. Lynn Bergman, as nominated Personal Representative of the Estate of Lucille E. Bergman, Plaintiff North Dakota Department of Human Services, Intervenor and Appellant v. Doug Bergman and Robert Bergman, Defendants and Appellees.

Supreme Court of North Dakota.

October 20, 2004.

Attorney(s) appearing for the Case

Jean R. Mullen, Assistant Attorney General, Office of Attorney General, Bismarck, for appellant.

Richard W. Olson, Fisher & Olson, Ltd., Grand Forks, for appellees.

KAPSNER, Justice.

[¶ 1] The North Dakota Department of Human Services appealed from a judgment dismissing its claim against the Estate of Lucille Bergman for Medicaid benefits provided to Lucille Bergman's deceased husband, Carl Bergman, and dismissing the Estate's action to void transfers made by Lucille Bergman to two of her sons, Robert and Doug Bergman, shortly before her death. We conclude the trial court erred in applying Medicaid law and our decisions...

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