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IN RE ESTATE OF SHIPMAN

No. 26512.

832 N.W.2d 335 (2013)

2013 S.D. 42

In the Matter of the ESTATE OF Eugene SHIPMAN, Also known as Gene Shipman, also known as Eugene E. Shipman, Deceased.

Supreme Court of South Dakota.

Decided June 5, 2013.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Jeremy Lund , Special Assistant Attorney General, Pierre, South Dakota, Attorneys for appellant South Dakota Department of Social Services.

Jack Gunvordahl of Gunvordahl & Gunvordahl, Burke, South Dakota, Attorneys for appellee Estate of Eugene Shipman.

ZINTER, Justice.

[¶ 1.] After Arline Shipman moved into a nursing home in 2008, her husband, Eugene, "spent down" some of their joint funds to pay for Arline's care and to qualify her for Medicaid long-term-care assistance. In 2009, Eugene executed a will, which disinherited Arline. The will indicated that Eugene had disinherited Arline because he "ha[d] given her sufficient consideration during [his] lifetime." On the same day that the will was executed, Arline...

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