In Re Estate of Ardell Hamilton Trigg

In this case, we address the following two matters: (1) the proper procedure for obtaining appellate review of a judgment of a probate court created by private act upholding a claim filed by the Bureau of TennCare against the estate of a TennCare recipient and (2) the right of TennCare to obtain reimbursement for properlypaid TennCare benefits from real property owned by the recipient at the time of her death. After the decedent’s will was admitted to probate in the Putnam County Probate Court, TennCare filed a claim against her estate seeking reimbursement for services provided through theTennCare program. The decedent’s personal representative filed an exception to this claim. After the probate court upheld TennCare’s claim, the estate appealed to the Circuit Court for Putnam County. The circuit court determined that the decedent’s real property was not subject to TennCare’s claim, and TennCare appealed to the Court of Appeals. The Court of Appeals held that the circuit court lacked subject matter jurisdiction over the appeal from the probate court and that the appeal should have been filed with the Court of Appeals. Accordingly, it vacated the circuit court’s judgment and affirmed the judgment of the probate court. In re Estate of Trigg, No. M200902107-COA-R3-CV, 2011 WL 497459, at *3 (Tenn. Ct. App. Feb. 9, 2011). We granted the estate’s application for permission to appeal to determine whether the circuit court had subject matter jurisdiction over the estate’s appeal from the probate court’s order upholding TennCare’s claim and whether real property owned by the recipient at the time of her death is subject to TennCare’s claims. We have determined that the circuit court lacked jurisdiction over the estate’s appeal from the probate court’s judgment regarding TennCare’s disputed claim and that the real property owned by the decedent at the time of her death is subject to TennCare’s claims for reimbursement.