Kenosha, WI asked in Probate for Wisconsin

Q: My question is we are dealing with the Medicaid estate recovery.

My mom just passed away and we most likely will not be going through probate as most of her assets are either pod or joint with one of her children and the balance left will be under $50,000. So, do we need to get info on the Medicaid estate recovery since my dad used some title 19 funds. How do we get the amount owed so we can pay?

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1 Lawyer Answer
Thomas B. Burton
Thomas B. Burton
Answered
  • Probate Lawyer
  • Eau Claire, WI
  • Licensed in Wisconsin

A: If you use the Transfer by Affidavit, used for small estates with total probate assets less than $50,000 there is a requirement to send a copy to the DHS Estate Recovery Program by Certified Mail before you can transfer any assets under the Affidavit. Generally, the Estate Recovery Program will then send you a letter with the amount owed and any claim they have upon the estate. I would discuss carefully with your attorney whether you need to use this Affidavit to transfer any assets that were not already designed to pass outside the probate process. Here is general information about how the Estate Recovery program works https://www.dhs.wisconsin.gov/publications/p0/p00694.pdf

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