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STATE OF MINNESOTA IN COURT OF APPEALS A08-1691 In re the Estate of: Sylvester G. Grote, Deceased. Filed June 2, 2009 Affirmed; motion granted in part and denied in part Harten, Judge Chisago County District Court File No. 13-PR-06-79 Sally K. Mortenson, Attorney at Law, 2500 West County Road 42, Suite 160, Burnsville, MN 55337 (for appellant) Lori Swanson, Attorney General, Robin C. Vue-Benson, Assistant Attorney General, 445 Minnesota Street, Suite 900, St. Paul, MN 55101 (for intervenor-respondent Commissioner of Human Services) Janet Reiter, Chisago County Attorney, Kristine Nelson Fuge, Assistant County Attorney, 313 North Main Street, Room 373, Center City, MN 55012 (for respondent Chisago County Health and Human Services) Considered and decided by Ross, Presiding Judge; Larkin, Judge; and Harten, Judge. SYLLABUS The entirety of any property owned in joint tenancy at the time of death by a recipient of medical assistance benefits that has passed into the estate of the recipients surviving spouse is available for recovery of benefits paid for the recipient.



Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI,

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