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Home→Agencies→Medicaid Estate Recovery→Wisconsin

Medicaid Estate Recovery in Wisconsin

Wisconsin recovers Medicaid and long-term care costs from the estate of a deceased recipient, and also from the estate of a deceased nonrecipient surviving spouse. By statute, the property reached includes assets that passed through joint tenancy, tenancy in common, survivorship, life estate, or a revocable trust — not only assets that went through probate.

OverviewWhen someone dies

Medicaid Recovery

Wisconsin

dhs.wisconsin.gov/medicaid/estate-recovery.htm→

Administering agency

Wisconsin Department of Health Services — Estate Recovery Program

WebsiteVisit website →

Authority

Wis. Stat. 49.496; Wis. Stat. 49.849

Verified May 2026

Medicaid Estate Recovery in Wisconsin: key facts

Recovery scope
Medical assistance paid while the recipient was in a nursing home or hospital and required to contribute to care, plus home- and community-based services, long-term care program services, and personal care services received at age 55 or older (Wis. Stat. 49.496(3)(a)).
Property reached
"Property of a decedent" includes assets transferred through joint tenancy, tenancy in common, survivorship, life estate, revocable trust, or any other arrangement, excluding an irrevocable trust (Wis. Stat. 49.496(1)(cm), 49.849(1)(d)).
Recovery deferred
A claim is not allowable while a surviving spouse, a surviving child under age 21, or a disabled surviving child of any age is living (Wis. Stat. 49.496(3)(b), 49.849(2)(a)2.).
Hardship waiver
A person who co-owned property with the decedent or who is a beneficiary of the property may request a hardship waiver from the Department (Wis. Stat. 49.849(3)(c)5.).

When someone dies

Steps after a death in Wisconsin

4-step process for Wisconsin Department of Health Services — Estate Recovery Program.

View details →

Medicaid Recovery

Wisconsin

dhs.wisconsin.gov/medicaid/estate-recovery.htm→

Administering agency

Wisconsin Department of Health Services — Estate Recovery Program

WebsiteVisit website →

Authority

Wis. Stat. 49.496; Wis. Stat. 49.849

Verified May 2026