WAG 23-09-02-e

HFS BOC enforces the claim when the estate is large enough to pay at least some of the claim.

There are times when HFS does not enforce a claim even if there is enough money in the estate.

Recovery is not made from real and personal property for medical benefits if there is a:

  • surviving spouse;
  • New textNote: Also, BOC does not recover from the estate of the spouse.
  • child under age 21; or
  • child age 21 or over who is blind or Revised textwho has a disability.

Recovery is not made from real property for cash benefits if it is a home that one of the following is living in:

  • surviving spouse;
  • child under age 21; or
  • child age 21 or over who is blind or Revised textwho has a disability.

Recovery is not made from real and personal property for medical and cash benefits if recovery would cause an heir or beneficiary undue hardship. To waive recovery based on undue hardship, the heir or beneficiary must show that the recovery would cause them to become or remain eligible for programs, such as SSI, TANF, or SNAP benefits. The amount of recovery waived is limited to the heir or beneficiary's share of the estate.

Recovery will not be waived if the claims of other creditors will exhaust the estate.

HFS Bureau of Collections (BOC) notifies known heirs and beneficiaries of the right to request a waiver of estate recovery. The request is handled by HFS BOC.

HFS BOC approves or denies the request and provides written notice of the decision. The notice informs the heir or beneficiary of the right to appeal the decision through HFS. HFS conducts the hearing.

Refer inquiries regarding a request for the waiver of estate recovery to the HFS BOC - Technical Recovery Section.