Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice about your situation.
Detailed Answer
Under Kansas law, the Medicaid estate recovery program allows the Department for Children and Families (DCF) to recover certain costs paid on behalf of a Medicaid recipient after age 55. Inherited real property can be subject to this claim. The primary statutory authority is K.S.A. 39-709(j)–(k) (link: K.S.A. 39-709).
- Determine Eligibility of the Estate
After the recipient’s death, DCF reviews the individual’s records to confirm they received long-term care or related services under Medicaid. Only certain benefits trigger recovery. - Record a Notice of Claim
DCF files a Notice of Medicaid Estate Claim (often in the county where the decedent’s real property lies). This notice effectively creates a lien on the property under K.S.A. 39-709(j). - Initiate Probate Proceedings
An executor or personal representative opens probate in the district court. They must list the state’s claim alongside other creditors. See K.S.A. 59-3011 for creditor notice requirements. - Allow Time for Response or Waiver
Heirs and the personal representative receive a copy of the claim. Kansas law permits DCF to waive recovery if it presents undue hardship to a surviving spouse, child under 21, or a blind or disabled child (K.S.A. 39-709(k)). The representative may petition DCF for a hardship waiver. - Enforce the Lien
If no waiver applies, DCF maintains the lien. The executor cannot distribute or sell the property free of claim until DCF’s lien is paid or satisfied. Often, the property is sold in probate or outside probate with funds held in escrow. - Settle the Claim and Distribute Remaining Proceeds
Proceeds from sale or refinance first pay off the state’s Medicaid claim. Any remainder passes to heirs under the will or Kansas’s intestacy law.
Helpful Hints
- Keep a detailed record of all Medicaid benefits paid on behalf of the decedent.
- When opening probate, immediately notify DCF of the estate to prevent duplicate claims.
- Act quickly if you believe a hardship waiver applies; Kansas allows limited time to request relief.
- Consult a probate attorney familiar with Kansas Medicaid estate recovery rules.
- Understand that selling or refinancing property may be the most practical way to satisfy a lien.