In re Estate of Tanner

295 S.W.3d 610 (2009)

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In re Estate of Tanner

Tennessee Supreme Court
295 S.W.3d 610 (2009)

  • Written by Liz Nakamura, JD

Facts

Martha Tanner received Medicaid nursing-home-care benefits from the Tennessee Bureau of TennCare (Bureau) (plaintiff) for 11 years, starting at age 85. After Martha’s death, her son, Thomas Tanner (defendant), filed a request with the Bureau for release of estate recovery claims. The Bureau responded, informing Thomas it had a claim for nursing-home payments against Martha’s estate. Thomas did not respond and never obtained a formal waiver or release of estate recovery claims from the Bureau. Nineteen months after Martha’s death, the Bureau filed a claim against Martha’s estate to recover nursing-home-care costs. Thomas moved to dismiss, arguing the Bureau’s claim was time-barred because it was not filed within the 12-month statute of limitations on estate claims. The probate court dismissed the Bureau’s claim as untimely. The Bureau appealed, arguing that (1) Medicaid estate recovery claims were not subject to the statute of limitations; and (2) even if the statute of limitations were applicable, the Bureau’s claim could not be discharged until the estate’s personal representative obtained an estate recovery waiver. The appellate court certified a question to the Tennessee Supreme Court about whether the statute of limitations on estate claims applied to Medicaid recovery claims.

Rule of Law

Issue

Holding and Reasoning (Wade, J.)

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