The Department of Social Services is entitled to receive personal property of a decedent by presenting an affidavit pursuant to § 29A-3-1201 and a statement that the department has incurred an indebtedness by paying for the medical assistance for nursing home or other medical institutional care on behalf of the decedent. If the person paying, delivering, transferring, or issuing personal property or the evidence thereof is aware of any such indebtedness, no payment or delivery may be made, except for payment of funeral expenses, unless payment is first made to the Department of Social Services or the department has issued a satisfaction of indebtedness.
S.D. Codified Laws § 29A-3-817
Department of Social Services' claim for indebtedness incurred by paying for medical assistance or care
Applied in 1 court decision — leading case In the Matter of Estate of Meland (2006)
Most recently applied in In the Matter of Estate of Meland (March 2006)
Source: SL 1995, ch 167, § 138.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.