(Revised 1/15/2011 ML #3253)
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A claim for recovery of Medicaid benefits correctly provided against the estate of an initially surviving spouse of a deceased Medicaid recipient may be enforced to the extent the estate of the initially surviving spouse is comprised of assets that may be traced to assets in which the Medicaid recipient once has an interest, to the extent of that interest. In accordance with N.D.C.C. ยง 50-24.1-07(5), "[a]ll assets in the decedent's estate of the spouse of a deceased medical assistance recipient are presumed to be assets in which that recipient had an interest at the time of the recipient's death."
