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ESTATE OF DARBY v. STINSON

No. 2010-CA-00335-COA.

68 So.3d 702 (2011)

In the Matter of the ESTATE OF Arlyn E. DARBY, Deceased: Office of the Governor, Mississippi Division of Medicaid, and State of Mississippi, Appellants v. Linda Darby STINSON, Executrix, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied May 31, 2011.

Certiorari Denied September 1, 2011.

Attorney(s) appearing for the Case

William Harris Mounger Jr. , Charles Palmer Quarterman , Jackson, attorneys for appellants.

Ralph Edwin Chapman , Clarksdale, Joseph Harland Webster , Robert Lawson Holladay , Indianola, attorneys for appellee.

EN BANC.

KING, C.J., for the Court:

¶ 1. The DeSoto County Chancery Court granted summary judgment in favor of Linda Darby Stinson, executrix of the estate of Arlyn Darby, denying the Division of Medicaid's claim against the estate. The chancellor determined that the estate was composed of exempt property, which descended outside of the probate estate, free and clear of any debts and claims of the Division of Medicaid or any other creditor. Medicaid raises three issues...

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