Missouri Department of Social Services v. Schlotter

EDWIN H. SMITH, Presiding Judge.

The Missouri Department of Social Services (DSS), Division of Medical Services (DMS), appeals from the judgment of the *643Probate Division of the Circuit Court of Miller County for the respondent, Betty Schlotter, in her capacity as the personal representative of the Estate of Jean E. Newman, on its claim against the estate filed pursuant to § 473.398.11 and § 473.399.2 for reimbursement of Medicaid assistance funds, which were expended on behalf of the decedent and her husband, Joseph W. Newman, who predeceased her.

The appellant raises two points on appeal. In…