IN RE ESTATE OF CUSHING

No. S-11-614.

810 N.W.2d 741 (2012)

283 Neb. 571

In re ESTATE OF Virginia Lee CUSHING, deceased. Lawrence Cushing, Jr., Personal Representative of the Estate of Virginia Lee Cushing, deceased, appellant, v. Nebraska Department of Health and Human Services, appellee.

Supreme Court of Nebraska.

March 23, 2012.


Attorney(s) appearing for the Case

Hugh I. Abrahamson , of Abrahamson Law Office, Omaha, for appellant.

Ronald L. Sanchez , Special Assistant Attorney General, and Matthew G. Dunning , for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


STEPHAN, J.

The Nebraska Department of Health and Human Services (DHHS) provided Medicaid benefits for Virginia Lee Cushing (Cushing) during the final years of her life. After her death, DHHS filed a claim against Cushing's estate for recovery of the benefits pursuant to Neb.Rev.Stat. § 68-919 (Reissue 2009). The personal representative of the estate appeals from an order of the county court for Douglas County allowing the claim and awarding interest. The principal...

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