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Seeking Exemption From The Medicaid Estate Recovery Lien

If you achieve a settlement or judgment for a client after the client’s death the Medicaid third-party liability lien (F.S. 409.910) must be satisfied before the proceeds are placed in the estate. F.S. 409.9101(9). The proceeds placed in the probate estate are then available to satisfy the Medicaid estate recovery lien (for benefits paid through date of death).

Medicaid cannot enforce the estate recovery lien if:

  1. the Medicaid recipient was under age 55 or
  2. the decedent is survived by a spouse and/or a child under age 21 or a child who is blind or permanently disabled or
  3. there is property exempt from creditors (i.e. homestead) or
  4. certain hardship waiver criteria are present.

Call me, as a Florida Probate Attorney I will be happy to handle the probate administration process and advise you and the client whether there is a factual basis to successfully avoid repayment of the Medicaid estate recovery lien.

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