In Re: Estate of Martha M. Tanner - Concurring

I concur with the Court’s conclusion that the nonclaim statutes in Tenn. Code Ann. §§ 30-2-
307(a)(1), -310(a) (2007) do not prevent the Bureau of TennCare from recovering correctly paid
medical benefits from the late Martha M. Tanner’s estate. My two-fold purpose in preparing this
separate opinion is to explain my understanding of the basis for the estate’s liability and to address the application of the statutory recovery procedures when a TennCare recipient’s family decides against probating the deceased recipient’s estate.