The short answer
It can try. Federal law requires every state to seek repayment from the estates of some people who got Medicaid long-term care after age 55.
Recovery has to wait while a spouse is alive, or while your parent has a child under 21 or a blind or disabled child. A son or daughter who lived in the home, and whose care let the parent live there instead of in a facility, may be able to protect it. Every state must also have a way to waive recovery for undue hardship.
This chapter explains how things usually work in the United States. It is not legal, tax or financial advice, and the rules where you live may differ. Before you act on anything here, check it with one of the people named at the end of the chapter.
What to do
- Read the notice for any date by which it asks for a reply.
- Ask the state for an itemized claim.
- Ask whether your parent's state recovers from property outside probate.
- Ask about the caregiver exception if you lived in the home and gave care.
- Ask how to apply for a hardship waiver, and by when.
- Talk to an elder law lawyer, or ask a legal aid office, before that date.
- Keep a copy of every letter, and a note of every call.
What can wait
- Deciding whether to keep or sell the house. You can learn first what the claim covers and whether an exception or waiver applies.
- Deciding whether anyone in the family pays the claim to keep the house.
Who can help
The state Medicaid estate recovery office named on the letter, or your parent's state Medicaid agency, can explain its own claim. There is a space for its number on Who to call.
An elder law lawyer in the state where your parent lived can tell you what your options are. If cost is a worry, ask a legal aid office whether it can help.
The rules, phone numbers and web addresses in this book were checked against the agencies’, courts’ and organizations’ own pages in October 2026. Where a rule differs by state, the book names one state as an example. Check anything you rely on with the office itself.
From Book 3: Their Money
This page has the short answer and the closing lists from chapter 6. The full chapter explains, in plain words, what exists, what to ask, and who can answer. The book covers months 1 to 12 after the death.
Questions near this one
Other questions on related subjects, from this book and the others.
- Who is in charge if no one was named? Book 1, The First Month
- What if there is no will? Book 2, Being in Charge
- How do I pay for the funeral? Book 1, The First Month
- Do I need a lawyer? Book 2, Being in Charge
Hear when Their Money is out
A short note when each book is out. Five or six emails a year at most. You can unsubscribe whenever you like.