Federal law requires state Medicaid programs to recover certain Medicaid benefits paid on a person’s behalf. For those individuals who are 55 or older, each state is required to seek recovery of the amount the state’s Medicaid program spent on each person’s behalf. However, states may not recover from the estate of a Medicaid enrollee who is survived by a spouse, child under 21, or a blind or disabled child. However, on the passing of the spouse, the Medicaid claim may then be pursued. States may impose liens on real property in order to recover payment for Medicaid benefits.
Oregon law currently allows “expanded estate recovery,” providing the state the ability to recover from one’s probate estate and from other property ownership including a life estate.
An elder law attorney can assist you with designing a plan to protect your real property and other assets from estate recovery.