53-1-412. Collections from estates. The state has a claim against the estate of a resident or against the estate of a financially responsible person for an amount due to the state at the death of the resident or financially responsible person. The attorney general shall collect any claim which the state may have against the estate. However, the claim may be enforced only to the extent that enforcement does not deprive a surviving spouse, child, or parent of the resident or financially responsible person of:
     (1) an amount necessary for reasonable living expenses or educational expenses; or
     (2) real estate while it is occupied as a home by the surviving spouse, child, or parent of the resident or financially responsible person.

     History: En. Sec. 16, Ch. 199, L. 1965; amd. Sec. 4, Ch. 450, L. 1977; R.C.M. 1947, 80-1604(2).