In re Estate of Ruth C. McCarty
166 N.H. 548
| N.H. | 2014Background
- Decedent Ruth C. McCarty died October 11, 2009; she resided with her adult daughter Kerry McCarty, executrix of the estate.
- Estate consisted solely of real property at 11 Elmview Circle, Dover, devised to McCarty in the will.
- DHHS provided Medicaid medical assistance totaling $7,866.64 from June 22 to October 9, 2009.
- DHHS filed a claim for $7,866.64 in February 2010; no lien on real property was secured and no enforcement action was filed.
- McCarty as executrix did not challenge or pay the claim; in February 2012 she moved to dismiss the claim as barred by RSA 556:5 one-year limit.
- Trial court held RSA 167:16, III exempted DHHS from RSA 556:5 one-year deadline; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of RSA 167:16, III applicability | Appellant argues III applies only to lien-secured claims | DHHS argues III applies to all claims for recovery of assistance | III unambiguously covers all claims for recovery of assistance |
| Use of legislative history to interpret RSA 167:16, III | Trial court erred in consulting legislative history | Legislative history aids interpretation where language is ambiguous | Court affirmed use of legislative history as optional, but unnecessary given unambiguous language |
| Effect of RSA 167:16-a, IV(b)(2) on exemption | Argues IV(b)(2) should exempt the estate | IV(b)(2) requires a lien and two-year occupancy presence to qualify; not met here | IV(b)(2) inapplicable; no lien present and requirements not met |
Key Cases Cited
- State Employees’ Assoc. of N.H. v. State of N.H., 161 N.H. 730 (N.H. 2011) (statutory interpretation framework and use of legislative history)
- State v. Kilgus, 125 N.H. 739 (N.H. 1984) (title not conclusive; plain language governs)