Federal law mandates that states attempt to recover whatever benefits they paid for the care of Medicaid recipients from the probate estates of the recipients. Currently, almost every state has passed some sort of estate recovery legislation, although the rules promulgated by each state on what and how they are administered vary widely.

Given the rules for Medicaid eligibility, typically the main property of consequential value that a Medicaid recipient might own at death is his or her home. States differ on the practicality of making claims against descendants’ homes as well as non-probate property transfers. You should check with a Medicaid Lawyer in your state for the specific rules on estate recovery that might be applicable to you.