Neaderhiser v. State Department of Social & Rehabilitation Services

Harman, C.J. Retired:

The State Department of Social and Rehabilitation Services (SRS) appeals a district court order reversing its denial of medical assistance to plaintiff Emma Neaderhiser. At issue is the nature of the real property plaintiff transferred to her son immediately before making application for assistance — was it joint tenancy property or was it some form of life estate?

In May, 1982, Mrs. Neaderhiser, an 89-year-old nursing home resident, consulted the SRS office at Minneapolis about receiving medical assistance. Later, SRS denied the application on the ground that the…