Probate & Trust Law Section Conference Manual ... - Minnesota CLE

claim in both Estate of Barg and In re Estate of Perrin, 796 N.W.2d 175 (Minn.
App. 2011). The County argued that the 2009 amendment to Minn. Stat. §
519.05 referencing claims under Minn. Stat. § 256B.15 had not been previously
re-litigating a claim pursuant to Minn. Stat. § 519.05 based on the doctrine of
collateral estoppel. The County claimed that the issues were not identical to
Perrin because the Perrin court did not address the 2009 amendment. The
District Court determined that the 2009 amendments were irrelevant because at
the time of their enactment the decedent was single and not married, holding
that the Ruddick marriage ended at the death of the wife in 2008.
Even if collateral estoppel did not apply, the District Court addressed two
alternative holdings. First, because the wife died prior to July 1, 2009, the
District Court found that the County is not entitled to recover under the 2009
amendments because the effective date of the amendments did not provide for
retroactive application and therefore they could not be applied retroactively.
Second, even if the 2009 amendment applied, Barg precludes recovery because
the 2009 amendment to Minn. Stat. § 519.05 merely directs counties to recover
Medical Assistance under Minn. Stat. § 256B.15 and the only benefits that can
be recovered are those in which the Medical Assistance recipient spouse had an
interest in at the time of her death. The amendment to Minn. Stat. § 519.05
only added the following clause, "...including any claims arising under section
246.53, 256B.15, 256D.16, or 261.04.." and did not include an independent
basis for recovery of MA that comported with federal or state laws.
Summary judgment was granted in favor of the Estate partially allowing the
County's claim in the amount of $840.64 and disallowing the remainder of the
claim. The appeals period on the Ruddick case ended in early May 2212 and no
appeal was taken.
In re Estate of Donald K. Ruddick, Ramsey County District Court File No.:
62-PR-10-183 (March 2, 2012, Judge Paulette Kane Flynn). Attorney Peter M.
Hendricks of Garvey, Boggio & Hendricks, P.A., in Bloomington, MN,
represented the Estate.
E. DOUGLAS COUNTY V. LINDGREN
1. In 1993, Minnesota added a "transferee cause of action" to Minn. Stat. §
256B.0595, subd. 4. 35 This provision states in pertinent part:
. . . . When a waiver is granted, a cause of action exists
against the person to whom the assets were transferred for
35
Laws of Minnesota 1993, 1st Spec. Sess., Ch. 14, Art. 5, Sec. 35.
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