STATE DEPT. OF HUMAN SERVICES v. WILLINGHAM

0308-08747; A126258.

136 P.3d 66 (2006)

206 Or. App. 156

STATE of Oregon, acting by and through the DEPARTMENT OF HUMAN SERVICES, Appellant, v. Jack WILLINGHAM, Respondent.

Court of Appeals of Oregon.

Decided May 31, 2006.


Attorney(s) appearing for the Case

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

William T. Powers, Portland, argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.


EDMONDS, P.J.

The state appeals from a grant of summary judgment under ORCP 47 to defendant on the state's claim to recover medical assistance paid to defendant's father during his lifetime. ORS 414.105. We reverse.

The facts relevant to this appeal are not in dispute. In 1993, Jack Willingham transferred certain real property to his son, defendant, reserving a life estate. In 1997, he applied for medical assistance from the state, which he received until...

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