Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When you inherit property from someone who received Medicaid benefits in Wisconsin, the Department of Health Services may seek to recover costs from the estate. To obtain and review the documentation of a Medicaid claim against an inherited estate, follow these steps:
- Locate the probate court files
After the decedent passes away, the county probate court issues letters of administration or testamentary. The Department of Health Services files a claim in that proceeding under Wis. Stat. § 49.496. Visit the county courthouse register of actions to request copies of the claim of the Department and related pleadings. These documents show the amount claimed and the legal basis. - Request agency records under the public records law
Submit a written request to the Wisconsin Department of Health Services under Wis. Stat. § 19.35. Provide the decedent’s name, date of birth, date of death, and Medicaid identification number if available. DHS must provide records relating to estate recovery including claim worksheets and correspondence. - Review the claim details
Examine the period of Medicaid coverage, services recovered, and calculations. Ensure that only probate assets are subject to recovery and that the amounts match your records. The estate recovery program operates under Wis. Stat. § 49.496. - Object or negotiate if necessary
If you identify errors or wish to dispute the amount, file a written objection in the probate proceeding within 30 days of service of the claim as set out in Wis. Stat. § 861.09. You can also contact the DHS estate recovery unit to discuss adjustments or hardship waivers.
Helpful Hints
- Obtain certified copies of probate pleadings as soon as possible
- Keep a chronological file of correspondence with DHS
- Note deadlines in the probate court calendar to file objections
- Consider hiring an attorney to interpret complex medical or billing records
- Request a hardship waiver if recovery imposes undue financial burden on surviving heirs