Wisconsin Medicaid Estate Recovery
After someone who received Medicaid long-term care dies, Wisconsin can file a claim against their estate. This guide explains what is recovered, who is protected, and how to ask for relief.
Based on Wis. Stat. 49.496, 49.682, and 49.849; federal authority 42 U.S.C. 1396p(b)
What Wisconsin recovers
Wisconsin recovers the cost of long-term care and related Medicaid services, including all Medicaid services received while living in a nursing home (on or after October 1, 1991), inpatient hospital services (from July 1, 1995), and home health, personal care, Home and Community-Based Waiver services, and long-term care program services received at age 55 or older. Medicare Savings Program premiums and copayments are not recoverable.
Wisconsin 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.
55 and older for home health, personal care, HCBS waiver, and long-term care program services. Nursing home and inpatient hospital services are recoverable regardless of age. Consistent with the federal baseline at 42 U.S.C. 1396p(b).
Who is protected from recovery
Surviving spouse: no lien or estate recovery while a spouse survives (recovery from the spouse's later estate is capped at 50 percent of the marital property)
Child under 21: no recovery while a child under 21 survives
Blind or disabled child: no recovery while a blind or disabled child of any age survives
Caretaker relative deferral: an adult child or sibling who meets residency and care requirements may defer recovery against the home
Property that may be exempt
- Medicare Savings Program premiums and cost-sharing (not recoverable)
- Recovery from a surviving spouse's estate is limited to 50 percent of the marital property the member had an interest in immediately before death
Undue-hardship waiver
Wisconsin can waive recovery when it would cause an undue hardship for the heirs. Contact Wisconsin Department of Health Services (DHS), Division of Medicaid Services, Estate Recovery Program at 800-362-3002 to request the waiver and confirm deadlines.
Hardship waiver informationFrequently asked questions
Does Wisconsin recover Medicaid costs from non-probate assets?
Who is protected from Medicaid estate recovery in Wisconsin?
What does Wisconsin Medicaid recover after death?
Can I apply for an undue-hardship waiver in Wisconsin?
Who handles Medicaid estate recovery in Wisconsin?
Settling an estate with a Medicaid claim?
Use the Wisconsin probate assessment to organize the estate and see how the claim fits the process.
Information current as of June 28, 2026
This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Wisconsin can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.