Hilldale Estate Recovery Case Report

Same result as the previously reported Genesee County case – the recovery can be made after the redetermination application is signed. In fact the Hillsdale Court adopts the reasoning of the Genesee County Judge.    In this case that’s a good result – the beneficiary died less than two months later.  In other cases, the result may not be as favorable.  The issue of whether notice is required at the time of initial application or can be cured in a subsequent redetermination application seems to be trending in favor of the latter (that it can be cured).   To read the opinion click here.

  • Darrell

    Why cannot the Judge’s access costs and attorney fees against the AG’s office for taking such positions? Unless they appeal they are just forum shopping!