Maine Medicaid Estate Recovery
After someone who received Medicaid long-term care dies, Maine can file a claim against their estate. This guide explains what is recovered, who is protected, and how to ask for relief.
Based on 22 M.R.S. section 14(2-I) (MaineCare estate recovery); 22 M.R.S. section 14(2-I)(F) (expanded estate definition reaching non-probate assets); enforcement under Title 18-C, Article 3, Part 8 for probated assets and in any court of competent jurisdiction for non-probate assets (22 M.R.S. section 14(2-I)(B)); federal baseline 42 U.S.C. 1396p(b).
What Maine recovers
Repayment of what MaineCare (Maine Medicaid) paid for a deceased recipient who was age 55 or older when the services were provided.
Covered services and programsThe full list of care and waiver programs the claim can include
Repayment of what MaineCare (Maine Medicaid) paid for a deceased recipient who was age 55 or older when the services were provided. Effective November 24, 2021, recovery is limited to the cost of nursing facility services (MaineCare Benefits Manual Section 67), home and community-based services (HCBS), and the hospital (Section 45) and prescription drug (Section 80) services related to those services. Only the amount MaineCare actually paid is recovered, not the full value of the estate. Property subject to recovery includes the home, land, vehicles of significant value, recreational vehicles, and liquid assets such as bank accounts, stocks, bonds, and annuities. MaineCare does not recover Medicare cost-sharing paid for Medicare Savings Program beneficiaries.
Maine uses an expanded estate definition and can reach certain assets that pass outside probate. Check the details and sources below, because the reach depends on the asset type.
Important: Although Maine reaches non-probate assets (an expanded-recovery state), it does NOT reach real property the recipient held in joint tenancy with right of survivorship, which the statute expressly excludes. So a home titled in joint tenancy with a survivor is generally protected, while life estates, living trusts, tenancy-in-common interests, and personal property passing by survivorship or beneficiary designation ARE within reach. This is an unusual carve-out for an expanded state. Confirm your own situation with a Maine elder-law attorney.
55 and older
Who is protected from recovery
Surviving spouse: MaineCare cannot enforce a claim while the recipient has a surviving spouse (22 M.R.S. section 14(2-I)(C)).
Child under age 21: no recovery while the recipient has a surviving child younger than 21 (22 M.R.S. section 14(2-I)(C)).
Blind or permanently and totally disabled child of any age: no recovery while such a child survives (22 M.R.S. section 14(2-I)(C)).
Caregiver child: an heir who lived in the recipient's home and provided care for at least two years before the recipient entered long-term care or died can reduce or avoid recovery through the Care Given waiver ($6,000, $12,000, or $32,000 waived per year depending on the level of care).
Sibling with an ownership interest in the home who resided there may be protected from recovery against the home (federal baseline 42 U.S.C. 1396p(b)(2); confirm current treatment with the Estate Recovery Unit).
Undue hardship: recovery must be waived when it would create an undue hardship under the department's criteria or when the cost of collection is likely to exceed the amount recovered (see the hardship waiver).
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Property that may be exempt
- Real property the recipient held in joint tenancy with right of survivorship is excluded from the estate MaineCare can reach, even though Maine otherwise uses an expanded estate definition (22 M.R.S. section 14(2-I)(F)).
- Assets held in a qualified ABLE account are excluded by statute (22 M.R.S. section 14(2-I)(F)).
- A $15,000 family allowance is protected when the estate is worth $20,000 or less and the recipient left a surviving child of any age (for members who died on or after September 1, 2019; the prior figures were a $7,000 allowance on estates of $10,000 or less).
- Reasonable funeral expenses.
- Attorneys' fees and probate court costs.
- Costs to keep up the property, such as taxes, insurance, and repairs needed to make it marketable.
- Personal representative fees for handling the estate, up to $3,000.
Undue-hardship waiver
Maine can waive recovery when it would cause an undue hardship for the heirs. Contact Maine Department of Health and Human Services, Office of MaineCare Services, Third Party Liability (MaineCare Estate Recovery Unit) at 1-800-977-6740 (MaineCare Member Services, option 3 for estate recovery; TTY dial 711) to request the waiver and confirm deadlines.
Hardship waiver informationFrequently asked questions
Who is protected from Medicaid estate recovery in Maine?
What does Maine Medicaid recover after death?
Can I apply for an undue-hardship waiver in Maine?
Who handles Medicaid estate recovery in Maine?
Agency and statute sourcesOfficial references used for this page
Information current as of July 21, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Maine can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.