Michigan Medicaid Estate Recovery
After someone who received Medicaid long-term care dies, Michigan can file a claim against their estate. This guide explains what is recovered, who is protected, and how to ask for relief.
Based on MCL 400.112g to 400.112k (Michigan Medicaid Estate Recovery); MCL 400.112h defines 'estate' as property and assets subject to probate administration. Federal baseline: 42 U.S.C. 1396p(b).
What Michigan recovers
MDHHS files a claim against the deceased Medicaid beneficiary's probate estate to recover the total amount of qualifying Medicaid long-term care benefits paid on the beneficiary's behalf.
Covered services and programsThe full list of care and waiver programs the claim can include
MDHHS files a claim against the deceased Medicaid beneficiary's probate estate to recover the total amount of qualifying Medicaid long-term care benefits paid on the beneficiary's behalf. Recoverable services include nursing facility services, home and community based waiver services, and related hospital and prescription drug services provided to a beneficiary who was age 55 or older at the time the services were received.
Michigan recovers only from the probate estate. Assets that pass outside probate, such as joint property with survivorship, life estates, living trusts, and transfer-on-death or pay-on-death accounts, are generally beyond recovery.
55 and older
Who is protected from recovery
Surviving spouse: MDHHS will not seek recovery while there is a legal surviving spouse.
Surviving child under age 21: recovery is barred while a surviving child is under 21.
Surviving child who is blind or disabled (any age): recovery is barred while such a child survives.
Sibling with an equity interest in the home who lived in the home for at least one year immediately before the beneficiary was admitted to a medical facility.
Undue hardship waiver: recovery may be waived where it would cause undue hardship, for example when the estate is the primary income-producing asset of the survivors (such as a family farm or business with limited income) or is a home of modest value.
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Property that may be exempt
- Non-probate assets that pass outside of probate administration (for example jointly owned property with rights of survivorship, property transferred by a life estate or Lady Bird / enhanced life estate deed, assets held in a living trust, and payable-on-death or transfer-on-death accounts), because Michigan recovers only from property subject to probate administration. (Exception: for beneficiaries who used a qualified long-term care partnership policy and had assets disregarded under 42 U.S.C. 1396p(b)(4)(B), the recoverable estate is expanded to include such non-probate interests.)
- Certain Medicare cost-sharing benefits (for example Medicare Savings Program / Qualified Medicare Beneficiary premiums and cost sharing) are exempt from estate recovery.
- The homestead is protected from recovery while a protected relative (surviving spouse; child under 21; blind or disabled child of any age; qualifying sibling) survives the beneficiary.
Undue-hardship waiver
Michigan can waive recovery when it would cause an undue hardship for the heirs. Contact Michigan Department of Health and Human Services (MDHHS), Estate Recovery Program at 1-844-875-6324 (1-844-TPL-MDCH) to request the waiver and confirm deadlines.
Hardship waiver informationFrequently asked questions
Who is protected from Medicaid estate recovery in Michigan?
What does Michigan Medicaid recover after death?
Can I apply for an undue-hardship waiver in Michigan?
Who handles Medicaid estate recovery in Michigan?
Agency and statute sourcesOfficial references used for this page
- Michigan Department of Health and Human Services (MDHHS) - Estate Recovery (incl. Estate Recovery FAQ and hardship waiver application)
- Michigan Compiled Laws, MCL 400.112g to 400.112k (Medicaid Estate Recovery); MCL 400.112h (definition of estate)
- 400.112g - Michigan medicaid estate recovery program; establishment and operation by department of community health; development of voluntary estate preservation program; report; establishmen
Information current as of June 28, 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 Michigan can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.