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246.53 CLAIM AGAINST ESTATE OF DECEASED CLIENT.
    Subdivision 1. Client's estate. Upon the death of a client, or a former client, the total cost of
care given the client, less the amount actually paid toward the cost of care by the client and the
client's relatives, shall be filed by the commissioner as a claim against the estate of the client with
the court having jurisdiction to probate the estate and all proceeds collected by the state in the case
shall be divided between the state and county in proportion to the cost of care each has borne.
    Subd. 2. Preferred status. An estate claim in subdivision 1 shall be considered an expense
of the last illness for purposes of section 524.3-805.
If the commissioner of human services determines that the property or estate of any client
is not more than needed to care for and maintain the spouse and minor or dependent children
of a deceased client, the commissioner has the power to compromise the claim of the state in
a manner deemed just and proper.
    Subd. 3. Exception from statute of limitations. Any statute of limitations which limits the
commissioner in recovering the cost of care obligation incurred by a client or former client shall
not apply to any claim against an estate made hereunder to recover cost of care.
History: 1959 c 578 s 4; 1969 c 205 s 2; 1981 c 31 s 5; 1982 c 641 art 1 s 8; 1984 c 654 art
5 s 58; 1985 c 21 s 17; 1989 c 282 art 2 s 218