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IN RE ESTATE OF FISK

No. 20090157.

780 N.W.2d 697 (2010)

2010 ND 64

In the Matter of the ESTATE OF Mary Ann FISK, Deceased. North Dakota Department of Human Services, Petitioner and Appellant v. Royce S. Fisk as Personal Representative of the Estate of Mary Ann Fisk, deceased, Respondent and Appellee.

Supreme Court of North Dakota.

April 6, 2010.

Attorney(s) appearing for the Case

Blaine L. Nordwall, Special Assistant Attorney General, Bismarck, N.D., for petitioner and appellant.

Carol K. Larson, Minot, N.D., for respondent and appellee.

KAPSNER, Justice.

[¶ 1] The Department of Human Services appeals from a probate court order declaring the estate of Mary Ann Fisk insolvent and discharging the personal representative upon payment to the Department of $29,565.70 on its claim against the estate. We conclude the district court did not abuse its discretion in approving the personal representative's fees and the costs of administering the estate, but erred in ruling Mary Ann Fisk's allowable funeral...

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