The Short Answer

For a Florida Medicaid estate-recovery hardship waiver based on living in the decedent’s home, you generally need documents showing you (1) currently live there, (2) lived there when your parent died, (3) used it as your primary residence for the 12 months immediately before death, and (4) do not own another residence. The governing law is specific about these criteria, and the Agency for Health Care Administration (AHCA) can deny a waiver if the proof is incomplete or inconsistent.

What Florida Law Says

Florida’s Medicaid Estate Recovery Act allows AHCA to file a claim against a deceased Medicaid recipient’s estate, but it also allows a waiver when recovery would cause “undue hardship” to qualified heirs. One common hardship pathway is when an heir has been living in the decedent’s residence as their primary home and has no other residence.

The Statute

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

This statute establishes that AHCA may waive Medicaid estate recovery if enforcement would cause undue hardship, and it directs AHCA to consider (among other factors) whether the heir resides in the decedent’s residence, lived there at death, made it their primary residence for the 12 months immediately before death, and owns no other residence. See Fla. Stat. § 409.9101(8)(a).

What “proof” usually means in practice: The statute doesn’t list a single required document. Instead, AHCA typically looks for a consistent paper trail that ties you to the property address and supports “primary residence” status for the relevant time period. Common categories include:

• Government ID and records: Florida driver’s license/ID address history, voter registration, Social Security/Medicare correspondence, or other government mail showing the home address.
• Tax and property records: Prior homestead exemption filings (if any), property appraiser records, and IRS/state tax returns showing the address as your residence.
• Housing and utility evidence: Utility bills (electric/water/internet), insurance declarations, or other recurring bills in your name at the home address, covering the 12 months before death and continuing after.
• Financial “life footprint” documents: Bank statements, pay stubs, W-2s/1099s, and employer records showing the address.
• Affidavits as support (not a substitute): Sworn statements from neighbors, clergy, or family can help, but AHCA usually wants objective records too.

Why You Should Speak with an Attorney

Even though the waiver criteria sound straightforward, Medicaid estate recovery disputes often turn on details that are easy to miss—especially when the home is inherited with siblings and there’s pressure to transfer title quickly.

• Strict Deadlines: Medicaid estate recovery is pursued through probate claims, and waiver requests can be time-sensitive once AHCA opens recovery. Missing a response window can reduce your options. (The statute authorizes AHCA to pursue recovery by filing a claim against the estate.) See Fla. Stat. § 409.9101.
• Burden of Proof: AHCA can deny a waiver if your documents don’t clearly show “primary residence” for the required 12-month period or if records suggest another address was your true residence.
• Exceptions and property status issues: Whether the home is protected Florida homestead (and how title passes to heirs) can affect what is and is not reachable in an estate recovery case. If siblings deed their interests to you, the timing and wording can matter for both Medicaid recovery strategy and title/marketability.

Because your situation involves (1) an AHCA claim, (2) an undue hardship waiver based on occupancy, and (3) planned deed transfers among heirs, it’s worth having a Florida probate/Medicaid attorney coordinate the waiver submission and the property/title strategy so you don’t accidentally create new problems while trying to solve the recovery claim.

For more background, you may find these helpful: How Does a Florida Medicaid Estate Recovery Claim Affect Inherited Property? and How Do I Request a Florida Medicaid Hardship Waiver to Prevent Estate Recovery Against Inherited Property?.

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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.