H&W v. The Estate of Wiggins

W. JONES, Justice.

I. Nature of the Case

This is an appeal from an order disallowing the Idaho Department of Health and Welfare’s (“the Department”) attempt to recover assets in a probate proceeding as authorized by I.C. § 56-218. The Department seeks to recover assets of a deceased Medicaid recipient, Vivian Wiggins (“Vivian”), from the estate of Vivian’s deceased spouse, Emerson Wiggins (“Emerson”), for medical assistance payments made on Vivian’s behalf. The magistrate court held that the Department could not reach the separate property of Emerson, a decision which was affirmed by the…