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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance.

Detailed Answer

Under North Dakota law, Medicaid provides health coverage but allows estate recovery of benefits paid on your behalf after death. When you inherit property, the state may place a claim against the estate to recover Medicaid costs under ND Century Code section 50-24.1-15 (NDCC §50-24.1-15).

However, you can request a hardship waiver under NDCC section 50-24.1-16 (NDCC §50-24.1-16) to protect inherited property if recovery would cause undue hardship. Follow these steps:

1. Review the Estate Recovery Notice: After the Medicaid recipient dies, you will receive a notice of estate recovery rights from the North Dakota Department of Human Services (ND DHS). This notice explains the property subject to recovery.
2. Determine Eligibility: You may qualify for a waiver if you inherit a primary residence or land used as a family farm and the estate value exceeds allowable limits. You must show that selling or placing a lien on the property causes undue financial hardship.
3. Gather Documentation: Collect proof of inheritance (will or probate documents), appraisal or market valuation of the property, your household income records, expense statements, and any medical or caregiving costs you incur.
4. Complete the Hardship Waiver Request: ND DHS does not provide a publicly available form. Draft a written request titled “Estate Recovery Hardship Waiver Request” stating: the property description, the nature of your hardship, and statute citation NDCC §50-24.1-16. Attach supporting documents.
5. Submit to ND DHS: Mail your waiver request and all documentation to:
   Division of Medical Services
   North Dakota Department of Human Services
   600 E Boulevard Ave, Dept 325
   Bismarck, ND 58505-0250
6. Await Decision and Appeal If Needed: ND DHS must respond within 90 days. If denied, you can request a fair hearing within 30 days after the decision under North Dakota Administrative Code chapter 75-02-14.

Helpful Hints

• File your request promptly after receiving the estate recovery notice to meet all deadlines.
• Keep copies of every document and proof of mailing.
• If the home is your primary residence, emphasize that in your request.
• Consult a probate or elder law attorney for complex estates or high property values.
• Consider alternative housing plans if the waiver is denied to avoid unexpected costs.

Applying for a hardship waiver can preserve family property and protect your financial security. Start early and provide clear evidence of hardship under North Dakota law.