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IN RE ESTATE OF ELLIOTT

No. 30441.

108 P.3d 324 (2005)

141 Idaho 177

In the Matter of the ESTATE OF DOLORES Arlene Elliott, Deceased. State of Idaho, Department of Health and Welfare, Plaintiff-Appellant-Cross Respondent, v. The Estate of Dolores Arlene Elliott, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, January 2005 Term.

February 8, 2005.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General, Boise, for plaintiff-appellant-cross respondent. W. Corey Cartwright argued.

Eberle, Berlin, Kading, Turnbow & McKlveen, Boise, for defendant-respondent-cross appellant. Stanley J. Tharp argued.

SCHROEDER, Chief Justice.

The State of Idaho Department of Health and Welfare (Department) maintains that it is entitled to establish a claim against the estate of Dolores Arlene Elliott (Elliott) pursuant to Idaho Code § 56-218 (2002). The district court affirmed a decision by the magistrate court that the Department had no cause of action under I.C. § 56-218. The Department appeals.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Elliott...

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