Legal Opinion

In Re Estate of Smith

Missouri Court of Appeals

Decided December 15, 2009No. ED 93117PublishedCited by 2 opinions

1Opinion of the Court

CLIFFORD H. AHRENS, Judge.

The Missouri Department of Social Services, MO HealthNet Division (Department) appeals the order of the probate division of the circuit court denying the Department’s claim against the estate of Shirley Smith (Decedent). The Department contends, essentially, that the evidence does not support the circuit court’s order. Because the personal representative failed to establish facts prohibiting recovery under a statutory exception, we reverse and enter judgment for the Department.

Background

Decedent received Medicaid benefits through MO HealthNet from November 2007 until…

2Cases cited3 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. In Re Estate of NewmanMissouri Court of Appeals · 2001
  3. State, Department of Social Services v. SchwennekerMissouri Court of Appeals · 1987

3Cited by2 opinions

  1. Estate of Strayer v. State, Department of Social ServicesMissouri Court of Appeals · 2011
  2. Estate of Wright v. StateMissouri Court of Appeals · 2011

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