The Claim After A Death
G.L. c. 118E, § 31 — recovery from the probate estate for nursing facility and home care received at 55 or older
Whose estates. For individuals dying on or after August 1, 2024, the division recovers medical assistance correctly paid only from the estate of an individual who was, regardless of age, a resident in a nursing facility or other medical institution when receiving it, or who was 55 years of age or older and received nursing facility services, home and community-based services, and related hospital and prescription drug services for which recovery is mandated, provided on or after October 1, 1993.
Not while family remains. Recovery may be made only after the death of the surviving spouse, if any, and only when the individual has no surviving child who is under the age of 21, or who is blind or an individual with a disability.
Two kinds of help are not recovered. There is no recovery of medical assistance correctly paid from the estate of an individual who was receiving it under the CommonHealth program for adults with disabilities, or for payment of personal care attendant services. The section has the executive office seek federal authority for this, if required.
What the estate is. The estate means all real and personal property and other assets includable in the decedent's probate estate under the General Laws.
The probate filing. A petition to probate a will or administer an estate includes a sworn statement that copies of the petition and the death certificate were sent to the division by certified mail. Within 30 days of a request by the division, the personal representative completes and sends the division's form.
If the copies are not sent. When the petitioner fails to send them and the decedent received assistance the division may recover, any person receiving a distribution from the estate is liable to the division to the extent of that distribution.
The division's claim. The division may present its claim by filing a written statement within four months after approval of the personal representative's bond, or by an action within one year after the date of death.
Estates of people who died before August 1, 2024 fall under earlier subsections of the section. A particular estate is a question for the probate court, or a licensed Massachusetts attorney.
Sources for this section (2)
- G.L. c. 118E, § 31 — Adjustment or recovery of payments
- G.L. c. 118E, § 32 — Provision of death certificate and probate petition to division; liability of estate beneficiaries; claims against estate; sale or transfer of property subject to lien or claim
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.