Estate of Gross v. North Dakota Department of Human Services

SANDSTROM, Justice.

[¶ 1] The Estate of George Gross appeals from a judgment affirming a Department of Human Services’ decision that Gross’s total countable assets for his household exceeded the maximum allowed for medicaid eligibility. We hold the Department’s finding that George Gross’s wife, Julia Gross, did not make a good faith effort to sell the monthly payments from a nonassignable annuity is supported by a preponderance of the evidence, and we affirm.

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[¶ 2] George Gross was institutionalized at the Napoleon Care Center from June 14, 2002, until his death on December 27, 2003. Logan…