In re: Estate of George Perry

Peter C. Sisson

Practice Area:Elder Law

Outcome:Client prevailed at the magistrate level, over the State of Idaho, Department of Health and Welfare. The Department appealed and the District Court affirmed March, 2011. Now on appeal to Idaho Supreme Court.

Description:I represent the Personal Representation in an Estate where the State of Idaho, Department of Health and Welfare is making over a $100,000.00 estate recovery claim based on the deceased wife's receipt of Medicaid benefits. The wife had transferred all of her interest in her estate to her husband after qualifying for Medicaid. Because federal law states that the only assets that can be recovered against are those in which the Medicaid recipient had an interest in at death, the Personal Representative denied the State's claim in the magistrate's court. The magistrate agreed with the Personal Representative and denied the Department's claim. The Department appealed that decision and in March of 2011, the District Court affirmed the magistrate's decision. The Department appealed again and the case is now pending before the Idaho Supreme Court. It is anticipated that oral argument will be held on the case at the end of 2011 or in early 2012.