Michael J. Fitzmaurice South Dakota State Veterans Home v. Estate of Hammer

MEIERHENRY, Justice.

[¶ 1.] The Michael J. Fitzmaurice South Dakota Veterans’ Home (Home) appeals the circuit court’s order disallowing its claim under SDCL 33-18-16 for services provided to Ernest Hammer (Ernest) before his death. The Home filed a petition for allowance of claim pursuant to SDCL 33-18-16 to recover the costs for Ernest’s care from the estate of Ernest’s wife, Mildred Hammer (Mildred). The circuit court concluded Ernest died without passing an estate to Mildred, and therefore, the Home could not recover the costs incurred in providing care to him under SDCL 33-18-16.

FACTS AND…