In re the Estate of Little

OPINION OF THE COURT

Larry M. Himelein, S.

Decedent Mary E. Little was admitted to the Cattaraugus County Nursing Home on February 1, 1994, and received Medicaid assistance during her stay. On November 7, 1994, Mrs. Little’s aunt, Gertrude Collins, died leaving a one-third general residuary legacy to Mary Little. On November 28, 1994, John Hart, counsel for the Gertrude Collins estate, wrote *154to Mrs. Little and asked her to sign a waiver and consent for probate form. He testified that his usual practice is to include a copy of the probate petition which, in this case, noted that the Collins…