Q: Is the Medi-Cal Estate Recovery only for those in long term care and similar? What if it’s only normal medi-cal services

A: In California, Medi-Cal Estate Recovery applies to individuals who are 55 years of age or older and have received Medi-Cal benefits. However, the extent of the recovery depends on the type of services received.

For individuals who received only regular Medi-Cal services (not long-term care), the state's recovery is limited to the probate estate. The probate estate includes assets that go through the probate court after the beneficiary's death, such as real property (e.g., houses or land) held only in the name of the deceased beneficiary.

If the recipient owns two properties and both are part of the probate estate, they may be subject to Medi-Cal Estate Recovery. However, there are some exceptions and limitations:

1. If a surviving spouse, registered domestic partner, or a minor, blind, or disabled child is still living in the home, the state will not make a claim.

2. The state may waive or defer the claim if it would cause substantial hardship for the survivors.

3. Effective January 1, 2017, the state has limited recovery to only what is required by federal law, which is primarily for long-term care and related services.

It's important to note that if the recipient received Medi-Cal long-term care services, such as nursing home care, the state's recovery can extend beyond the probate estate to include any real or personal property in which the deceased beneficiary had an interest.

To get a more accurate assessment of your specific situation, it is advisable to consult with a California elder law attorney or a Medi-Cal specialist.