Protection from State Claim

After an individual is approved for MaineCare coverage the State of Maine keeps arecord of everything their office has paid for.  When the MaineCare recipient passes away, if they received any benefits after age 55, the Department of Health and Human Services (DHHS) will assert a claim against the estate of the decedent or against the beneficiary of the decedent’s estate.  The claim is limited to the amount paid by MaineCare for the decedent.

 “Estate” includes all real and personal property in the decedent’s probate estate and all other real and personal property in which the decedent had al egal interest at the time of death, to the extent of that interest.  There are exceptions however to this claim, and with enough advance planning, specific assets can be protected from the State’s claim.  Even with no planning it is possible forCarlin & Shapiro using specific provisions of the Estate Recovery Act to have the State reduce or eliminate its claim.