ESTATE OF WILSON v. DIV. OF SOCIAL SERVICES

No. COA09-216.

685 S.E.2d 135 (2009)

The ESTATE OF Kenneth L. WILSON and Doris Wilson, in her capacity as the Administratrix of the Estate of Kenneth L. Wilson, Petitioners, v. DIVISION OF SOCIAL SERVICES and Division of Medical Assistance of the North Carolina Department of Health and Human Services, Respondents.

Court of Appeals of North Carolina.

November 3, 2009.


Attorney(s) appearing for the Case

Ott Cone & Redpath, P.A., by Laurie S. Truesdell, Greensboro, for petitioner appellants.

Attorney General Roy Cooper, by Assistant Attorney General Brenda Eaddy, for North Carolina Department of Health and Human Services, respondent appellee.


HUNTER, JR., ROBERT N., Judge.

Petitioner Doris Wilson, in her capacity as the administratrix of the Estate of Kenneth L. Wilson, appeals from the superior court's decision which reversed respondent North Carolina Department of Health and Human Services'("DHHS") final decision, but nonetheless held that Kenneth L. Wilson's assets exceeded the $3,000.00 resource limit for Medicaid eligibility. We disagree, and accordingly reverse the superior court's decision and remand...

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