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					WHAT IS MEDICAID ESTATE                 while the recipient’s surviving       own money to help pay for the
RECOVERY?                               child is under age 21 or blind or     funeral expenses. Additional
                                        disabled.                             amounts cannot be paid from
State and federal law requires the                                            assets in the decedent’s estate
Department of Human Services to         WHAT IF THE DECEDENT                  before Medicaid claims are paid in
make claims against the estates         LEAVES A WILL?                        full.
of some Medicaid recipients. A
claim will be made against the          A decedent’s estate must first        WHAT OTHER CLAIMS
estate of any recipient who was         pay the decedent’s debts. A will      CAN BE PAID BEFORE THE
age 55 or older when the Medicaid       does not change that. Unless an       MEDICAID CLAIM IS PAID?
benefits were provided, or against      estate has sufficient cash to pay
the estate of the spouse of that        all claims, estate property is sold   The decedent’s estate can pay
Medicaid recipient. The claim is for    to pay the claims. Family members     funeral expenses, expenses of
the amount of Medicaid issued to        can purchase estate property at       last illness, the necessary and
a person age 55 or older. State         fair market value.                    reasonable costs of administration,
law controls the distribution of                                              certain other assistance claims,
a decedent’s estate. It limits          CAN FUNERAL EXPENSES BE               and claims on behalf of the state
the kinds of claims that can be         PAID FROM AN ESTATE?                  hospital. The Medicaid claims
paid before any Medicaid claim.                                               must then be paid in full before
Funeral expenses are limited.           If a Medicaid recipient designates    other creditors or claims can be
Assets under BIA jurisdiction are       funds for funeral expenses, those     paid.
not subject to recovery. Assets         funds (up to $8,000) and any
under tribal jurisdiction are subject   earnings from those funds can         WHAT IF AN ACCOUNT IS
to recovery only if permitted by        be used for funeral expenses. If      PAYABLE TO SOMEONE
tribal law.                             there are no funds designated for
                                                                              ELSE AT THE DECEDENT’S
                                        funeral expenses, the estate can
WHAT IF THERE IS A                      spend no more than $3,000 to
SURVIVING SPOUSE OR                     meet the expenses. Any funds
                                                                              Unless all estate claims are paid
CHILDREN?                               designated for funeral expenses
                                                                              in full, money a decedent left
                                        must be reported to the county
                                                                              in a joint account, an “in trust
No claim for Medicaid that was          social service office before the
                                                                              for” (ITF) account, or any other
correctly issued must be paid           recipient’s death.
                                                                              payable on death (POD) account
during the lifetime of a Medicaid                                             must be made available to pay
recipient’s surviving spouse or         Family and friends can use their
                                                                              claims and costs of probate. If the
money was properly designated          WHAT SHOULD I DO IF I
as a deposit for funeral expenses,     NEED HELP REVIEWING THIS
the money can be used for that         INFORMATION?
                                       This brochures provides only
HOW IS THE MEDICAID                    general information about estates
CLAIM MADE?                            and Medicaid claims. If you
                                       have questions about probate or
If a decedent leaves only cash         wills, or if you are the personal
and limited personal property, the     representative for an estate,
county social service board, or the    please ask your private attorney.
Department of Human Services,          If you need assistance in reviewing
will usually collect the amount that   this brochure, contact your county
must be paid for assistance claims
using an Affidavit for Collection
                                       social service office.                 MEDICAID
of Personal Property. Sometimes
family members will be asked to
help sell personal property that                                               ESTATE
has value so claims can be paid.
If there is real property that is
worth the cost of probate, or
if there is some other reason a
probate is necessary, the person
named in a will or some other
family member can be appointed
personal representative and
properly distribute the decedent’s
estate. Attorney’s fees and other
                                          N.D. Department of Human Services
reasonable costs of administration           State Capitol - Judicial Wing
can be paid from the estate. The              600 East Boulevard Avenue
county social service office will                Bismarck, ND 58505
usually initiate probate only if
there is no family member willing
or able to do so.                                 DN 140 (Rev. 08-05)