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IN RE ESTATE OF WIGGINS

No. 39129.

306 P.3d 201 (2013)

In the Matter of the ESTATE OF Vivian WIGGINS and Emerson D. Wiggins, Deceased. State of Idaho, Department of Health & Welfare, Petitioner-Appellant-Cross Respondent, v. Lynn Wiggins, personal representative of the Estate of Vivian Wiggins and Emerson D. Wiggins, Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, June 2013 Term.

August 9, 2013.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden , Idaho Attorney General, Boise, attorneys for Appellant. W. Corey Cartwright argued.

R. Brad Masingill , Weiser, attorney for Respondent.

W. JONES, Justice.

I. NATURE OF THE CASE

This is an appeal from an order disallowing the Idaho Department of Health and Welfare's ("the Department") attempt to recover assets in a probate proceeding as authorized by I.C. § 56-218. The Department seeks to recover assets of a deceased Medicaid recipient, Vivian Wiggins ("Vivian"), from the estate of Vivian's deceased spouse, Emerson Wiggins ("Emerson"), for medical assistance payments made on Vivian's...

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