State ex rel. Department of Human Services v. Willingham

The state appeals from a grant of summary judgment under ORCP 47 to defendant on the state’s claim to recover medical assistance paid to defendant’s father during his lifetime. ORS 414.105. We reverse.

The facts relevant to this appeal are not in dispute. In 1993, Jack Willingham transferred certain real property to his son, defendant, reserving a life estate. In 1997, he applied for medical assistance from the state, which he received until his death in 2002. Thereafter, the state, on behalf of the Department of Human Services (DHS), filed a complaint against defendant for recovery of the…