IN RE ESTATE OF OMER STIDHAM - Articles

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Posted by: Tanja Trezise on Aug 23, 2012

Court: TN Court of Appeals

Attorneys 1:

Alexander M. Taylor and Briton S. Collins, Knoxville, Tennessee, for the appellants, Karen A. Scott, Mary Jo White, Judy Wright, David Stidham, Suzanne E. Brooks, Rebecca Ball, and Terri Lane.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; William E. Young, Solicitor General; L. Vincent Williams, Deputy Attorney General; and Richard F. Clippard, Assistant Attorney General, General Civil Division, Nashville, Tennessee, for the appellee, Tennessee Bureau of TennCare.

Judge(s): MCCLARTY

The Bureau of TennCare filed a petition to appoint an administrator of Omer Stidham’s estate in order to file a claim against the estate for medical assistance rendered. The court appointed an administrator, and the Bureau of TennCare filed its claim. The administrator found that the estate was insolvent but moved the court to determine whether real property held in a revocable trust could be used to satisfy the debts of the estate. The heirs objected, arguing that the claim was untimely and that the property could not be reached because it was held in a revocable trust. The court authorized the use of the property to satisfy the debts of the estate, finding that the claim was not untimely and that the revocable trust was subject to claims against the estate. The heirs appeal. We affirm the decision of the trial court.

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