The Claim After A Death
NRS 422.29302 — Medicaid recovered from the estate, but not while a spouse, or a child under 21, blind or disabled, survives
As far as federal law allows, Nevada's Medicaid agency recovers benefits correctly paid for a recipient from the recipient's undivided estate, and from anyone who received money or property from it.
Not while a spouse or a dependent child survives. Except against someone who is neither a surviving spouse nor a child, the agency does not recover until after the surviving spouse has died, and only when the recipient leaves no surviving child who is under 21 years of age, blind or disabled. The Medicaid paid is a claim in probate only at a time when there is no such spouse or child.
The Director may decide not to file a claim where it would cause undue hardship to the spouse or other survivors, under regulations that define undue hardship. Recovery is paid in cash up to the lesser of the Medicaid paid after October 1, 1993, and the value of what remains in the estate.
A transfer for less than fair market value may be pursued under the fraudulent transfer chapter, and liens on a recipient's property are in another section; neither is reproduced here. How recovery applies to a particular estate is a question for a court and a licensed Nevada attorney.
Sources for this section (1)
- NRS 422.29302 — Recovery of benefits paid for Medicaid: Powers and duties of Authority; claim against estate of recipient
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nevada attorney.