Terre Haute, IN asked in Elder Law, Gov & Administrative Law and Probate for Indiana

Q: Is medicaid prohibited to seek recovery from nursing home receipient's estate if there is a disabled adult child?

Medicaid sent a letter to recover from my deceased mother's estate. Mom spent 3 years in a nursing home, with Medicaid paying all but the last year of her life, which she paid for. My sister receives SSDI and is disabled. Does this prohibit medicaid recovery in Indiana?

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Probate Lawyer
  • Crossville, TN

A: If the decedent is survived by a child of any age who is blind or permanently and totally disabled, Medicaid recovery is delayed until said child dies or regains ability (though the latter is rare).

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