Estate Recovery - Free legal help for Maine's seniors

1 What is Estate Recovery ? Estate Recovery is the process the State uses to seekreimbursement for MaineCare benefits from theestate of a deceased individual who receivedMaineCare benefits at the age of 55 or program exists because under federal law,the State must implement an Estate Recovery program to receive federal money for the MaineCare program. In Maine, theDepartment of Health and Human Services(DHHS) administers the Estate Recovery program through the Estate Recovery Much of the EstateCan Be Recovered?DHHS Recovery is limited to the actual amount paid by MaineCare on behalfof the deceased Assets Are Includedin the Estate ?Recoverable assets include the interests held by thedeceased MaineCare recipient at the time of recoverable assets include real, personal, pro-bate, and non-probate Estate may also include certain assets heldby the decedent that have passed upon his or herdeath to a survivor, heir, or assets transferred by the decedent beforereceiving MaineCare are not included in the estatefor Estate Recovery purposes.

2 However, great caution should be exercised when making trans-fers. Transfers that occur before the decedentreceives MaineCare are subject to laws and regulations that may make an individual ineligiblefor MaineCare benefits. We strongly recommendseeking legal advice before making transfers ofyour Will the StateSeek Reimbursement?In general, the Estate Recovery process occurs when the MaineCare recipient dies. However,the Recovery process will be delayed until therecipient no longer has a spouse or no longer has a child who is either under the age of 21,blind, or totally 2 Are There Any Circumstancesin Which the State Will Waiveor Reduce Its Claim?There are three exceptions to the general , if a claim for hardship can be proven, theState may waive a part or the whole of its request a hardship waiver, the person request-ing waiver must be at least 18 years of age, hold abeneficial interest in the decedent s Estate , and filean application within six months from the dece-dent s death (or within 30 days from the notice ofDHHS s claim, whichever is later).

3 To make a claim for hardship, the requesting person must prove: Collection of the claim would place theirincome and assets below 180% of the federal poverty level (adjusted for householdsize);OR The Estate s real property is their primaryincome-producing resource and collection ofthe claim would place their income and assetsbelow 180% of the federal poverty level(adjusted for household size). Waivers are notgranted if DHHS determines that assets weredissipated, lost, or otherwise transferred in aneffort to prevent , if the State s claim would otherwisedeplete the Estate and an heir used his or her per-sonal funds to protect against damage or loss ofvalue to real property during the decedent s life,the State (at its discretion) may reduce its claim in whole or in heir must request a claim reduction in writ-ing, supported by documentation and proof thatpayments were made (such as receipts), and thatthey were reasonable. The deadlines to file are thesame as hardship , if a caregiver provided health mainte-nance services to the decedent during part or all of the two years just prior to the decedent s death(or institutionalization) and such care enabled the decedent to remain at home for an equivalentperiod of time, the State will exempt part of theestate from Recovery .

4 The caregiver requesting aCare Given Exemption must provide corroborat-ing statements from the decedent s medical careproviders and supporting documentation. Thedeadlines for filing are the same as if I am Not Satisfiedwith DHHS s Decision?After DHHS makes a final decision, you have the right to request a hearing with the Office of Administrative the Office of Administrative Hearings agrees with DHHS s decision, you have the right to appeal this final agency decision toSuperior legal advice if you need help with the hearing or appeal more information, call the LegalServices for the Elderly Helpline for free legal Helpline1-800-750-5353