The Claim After A Death
Wis. Stat. 49.849 — recovery from the property of a decedent, not while a spouse, a child under 21 or a disabled child survives
What may be recovered. The department may collect from the property of a decedent an amount equal to the recoverable medical assistance and certain other aid paid on behalf of the decedent or the decedent's spouse.
Not while family survives. Recovery applies only if the decedent is not survived by a spouse, a child who is under age 21, or a child who is disabled. That condition does not apply to the recovery of aid under s. 49.785.
Property reached. Property of a decedent includes assets passed to a survivor, heir or assignee through joint tenancy, survivorship, life estate, revocable trust or similar arrangements, but not an irrevocable trust.
- Wearing apparel and jewelry held for personal use.
- Household furniture, furnishings and appliances.
- Other tangible personal property not used in a business, up to a value set by statute.
The department reduces its recovery, up to a statutory amount, if needed to let heirs or beneficiaries keep those items.
A surviving spouse who did not receive aid. There is a rebuttable presumption that all property of the deceased nonrecipient surviving spouse was marital property held with the recipient, all of it subject to the claim.
Hardship waivers and the affidavit and lien procedures are in other parts of the section and in other sections, which are not on this page. A particular estate is a question for a licensed Wisconsin attorney.
Sources for this section (1)
- Wis. Stat. 49.849 — Recovery of correct payments under certain public assistance programs
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.