Legal Opinion
In Re Estate of Gullberg
Court of Appeals of Minnesota
Decided October 29, 2002No. CO-02-668PublishedCited by 12 opinions
1Opinion of the Court
OPINION
KLAPHAKE, Judge.
Intervenor appellant Minnesota Department of Human Services (the state) and appellant Dakota County (the county) challenge a district court decision denying the county’s claim against respondent, the Estate of Jean Gullberg, for reimbursement of medical assistance benefits paid on behalf of Jean Gullberg’s husband, Walter Gullberg, who predeceased her. The district court denied the county’s petition for allowance of the claim, holding that Minnesota’s estate recovery statute, Minn.Stat. § 256B.15, subd. 2 (2000), is preempted by 42 U.S.C. § 1396p(b)(4)(B) (2000).
On…
2Cases cited6 opinions
- Martin Ex Rel. Hoff v. City of RochesterSupreme Court of Minnesota · 2002
- Pikop v. Burlington Northern RailroadSupreme Court of Minnesota · 1986
- In Re Estate of JobeCourt of Appeals of Minnesota · 1999
- North Dakota Department of Human Services v. CarolineNorth Dakota Supreme Court · 2000
- Searles v. SearlesSupreme Court of Minnesota · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re the Estate of BargSupreme Court of Minnesota · 2008
- In Re Barkema TrustSupreme Court of Iowa · 2004
- In Re Estate of ShuhMissouri Court of Appeals · 2008
- Health Management Systems, Inc. Ex Rel. Iowa Department of Human Services v. LaugheadSupreme Court of Iowa · 2005
- Bergman v. North Dakota Department of Human ServicesNorth Dakota Supreme Court · 2004
7 more not listed; retrieve them via the Exa API.