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ESTATE OF HAGENSTEIN v. D.H.F.S.

No. 2005AP1303.

715 N.W.2d 645 (2006)

2006 WI App 90

ESTATE OF Elisabeth HAGENSTEIN, by Dallas E. KLEMMER, Representative/Special Administrator, Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF HEALTH AND FAMILY SERVICES, Respondent-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed April 12, 2006.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Michael D. Dean, of Michael D. Dean, LLC., of Waukesha.

On behalf of the respondent-respondent, the cause was submitted on the brief of Peggy A. Lautenschlager, Attorney General, and Maureen McGlynn Flanagan, Assistant Attorney General.

Before SNYDER, P.J., NETTESHEIM and ANDERSON, JJ.

¶ 1 NETTESHEIM, J.

The Estate1 of Elisabeth Hagenstein appeals a circuit court judgment that upheld a decision of the Wisconsin Department of Health and Family Services (Department) terminating her institutional Medicaid benefits. The Department determined that Elisabeth's purchase of a life estate in a part of her son's residence using the proceeds of an annuity was a sham divestment of her assets.

¶ 2 Elisabeth argues...

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