The Claim After A Death
MCL 400.112g — no recovery from the home while a spouse, a young or disabled child, or a caretaker relative lives there
Who protects the home. The department does not recover assets from the home of a recipient while any of these lawfully reside there: the recipient's spouse; a child under the age of 21 years or blind or permanently and totally disabled; or a caretaker relative who lived in the home for at least 2 years before the recipient's admission to a medical institution and provided care that let the recipient stay home.
Hardship. The department's definition of hardship includes an exemption for the part of the homestead's value equal to or less than 50% of the average home price in the county, and for the part of an estate that is the survivors' primary income-producing asset, such as a family farm or business.
Not worth it. The department does not seek recovery if the costs of recovery exceed the amount available, or if recovery is not in the state's best economic interest.
The federal law the section follows, the agency's own rules on hardship, and probate procedure are not on this page. Whether a particular estate owes a claim, or qualifies for a waiver, is a question for a licensed Michigan attorney.
Sources for this section (1)
- MCL 400.112g — The Michigan medicaid estate recovery program
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.