Montana Code Annotated 2003

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     53-6-185. Disposition of sale proceeds -- application of recovered medical assistance. (1) The proceeds of a sale of property sold pursuant to a writ of execution issued under 53-6-183 must be distributed in the following order:
     (a) as satisfaction of any unpaid property taxes and prior recorded interests as described in 53-6-174(2);
     (b) as payment of any claims under 53-6-186(3) and (4);
     (c) to the department for application to any costs incurred under 53-6-186(1) and (2) or incurred in collection;
     (d) to the department for recoverable medical assistance.
     (2) The department shall apply any funds received under subsection (1)(d) proportionately to the federal and state shares of recoverable medical assistance.
     (3) Any excess funds remaining after application of proceeds to recoverable medical assistance must be paid to the recipient, if living, or otherwise to the recipient's representative or successor in interest.

     History: En. Sec. 22, Ch. 492, L. 1995.

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