In re Estate of Deuth

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (3d) 120194
Decision Date: 
June 27, 2013
District: 
3d Dist.
Division/County: 
Putnam Co.
Justice: 
HOLDRIDGE
Holding: 
Reversed and remanded.
Department of Healthcare and Family Services (DHFS) filed claim against decedent's estate for reimbursement of Medicaid expenses. Five-year "catch-all" statute of limitations in Section 13-505 of Code of Civil Procedure does not bar claims by government to recover public money. State's claim asserts a public right, to recover public funds paid to a citizen in the form of public healthcare benefits. State may extend a perfected lien indefinitely simply by filing notice of its intent to do so every five years. (WRIGHT and CARTER, concurring.)