The Short Answer

In Florida, Medicaid can file a claim in probate to recover certain Medicaid benefits paid after age 55, but Florida law also allows heirs (and the personal representative) to request an undue hardship waiver in qualifying situations. Whether inherited property is actually at risk depends on the type of property (especially whether it is protected homestead), who survived the Medicaid recipient, and whether you can document hardship under the statute.

What Florida Law Says

Florida’s Medicaid estate recovery rules generally treat Medicaid benefits paid after a recipient turns 55 as a debt that can be asserted as a claim against the recipient’s probate estate. However, the law also limits recovery in several important ways—most notably when certain family members survive the recipient, when the property is exempt from creditor claims, and when recovery would create an “undue hardship” for qualified heirs.

If your concern is inherited real estate, two issues often control the outcome: (1) whether the property is protected homestead under Florida law (often not reachable by creditor claims), and (2) whether an heir meets one of the statute’s hardship criteria (for example, living in the home as a primary residence and owning no other residence).

The Statute

The primary law governing this issue is Fla. Stat. § 409.9101.

This statute authorizes the Agency for Health Care Administration (AHCA) to pursue Medicaid estate recovery by filing a statement of claim in the probate estate, but it also provides that AHCA “shall not recover” if doing so would cause undue hardship for qualified heirs, and it lists specific hardship factors AHCA must consider. Fla. Stat. § 409.9101(8).

Why You Should Speak with an Attorney

Even though the hardship waiver concept sounds straightforward, applying it to inherited property is rarely simple. Outcomes often depend on details that can make or break a waiver request, including:

• Strict Deadlines: Medicaid estate recovery is pursued through the probate claims process, and missing probate claim deadlines can change your leverage and options. (Florida’s probate creditor-claim rules and timelines can be unforgiving.)
• Burden of Proof: The heir typically must document hardship factors—such as continuous residency, primary residence status, lack of other housing, deprivation of necessities, or full-time caregiving that delayed nursing home placement. See Fla. Stat. § 409.9101(8)(a)–(d).
• Exceptions and Exemptions: Recovery may be barred entirely if the recipient is survived by a spouse, a child under 21, or a blind/permanently and totally disabled child. Fla. Stat. § 409.9101(6). Also, AHCA cannot enforce recovery against property that is exempt from creditor claims under Florida law (which can include homestead in many situations). Fla. Stat. § 409.9101(7).

Trying to handle this alone can lead to avoidable denials, incomplete documentation, or probate missteps—especially where the estate includes real property, multiple heirs, or questions about homestead status.

For more background on how Florida Medicaid recovery typically works, you may also find helpful: Will Florida Medicaid or Medicare try to recover money from my mother’s estate?.

Get Connected with a Florida Attorney

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.