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Home→Agencies→Medicaid Estate Recovery→Wisconsin→When someone dies

Medicaid Estate Recovery in Wisconsin: when someone dies

A 5-step process for Wisconsin Department of Health Services — Estate Recovery Program after a death in Wisconsin.

OverviewWhen someone dies

Medicaid Recovery

Wisconsin

dhs.wisconsin.gov/medicaid/erp.htm→

Administering agency

Wisconsin Department of Health Services — Estate Recovery Program

Phone608-264-6755
WebsiteVisit website →

Authority

Wis. Stat. 49.496; Wis. Stat. 49.849

Verified Jul 2026

Steps to take

  1. Determine whether the deceased received Medicaid long-term care, nursing home, home care, or personal care services, or was married to someone who did.
  2. Notify the Wisconsin DHS Estate Recovery Program (608-264-6755 or 608-264-7739) so a claim amount can be calculated.
  3. Address the claim as a debt of the estate before distributing assets to heirs; if real property is involved, expect a lien recorded with the county register of deeds.
  4. If a surviving spouse or qualifying child is living, document that recovery is barred; if a co-owner or beneficiary faces hardship, request the hardship waiver through DHS.
  5. If DHS sends a recovery affidavit and the property's value or the recipient's interest in it is disputed, request a fair hearing within 45 days of the date the affidavit was sent.

Wisconsin Department of Health Services — Estate Recovery Program

Phone: 608-264-6755

Visit the agency website →

Frequently asked questions

Yes. Wis. Stat. 49.496(1)(cm) and 49.849(1)(d) define "property of a decedent" to include assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common, survivorship, life estate, revocable trust, or any other arrangement. Only an irrevocable trust is excluded.

Yes. Wis. Stat. 49.496(3) and 49.849(2) let the Department collect from the estate of a deceased nonrecipient surviving spouse for Medicaid paid for the recipient. There is a rebuttable presumption, consistent with Wis. Stat. 766.31, that all property of the deceased nonrecipient surviving spouse was marital property held with the recipient and that 100 percent of it is subject to the Department's claim (Wis. Stat. 49.496(3)(aj)2., 49.849(2)(c)).

The Department may not collect while the recipient is survived by a spouse, a child under age 21, or a disabled child (Wis. Stat. 49.496(3)(b), 49.849(2)(a)2.). It can record a lien against the home but cannot foreclose it while any of those survivors is alive (Wis. Stat. 49.849(4)(b)).

SimplyTrustSimplyTrust Editorial·Updated July 14, 2026

Sources

  • dhs.wisconsin.gov
  • docs.legis.wisconsin.gov

Data sourced from Medicaid Estate Recovery in Wisconsin primary sources (4 pages reviewed). How we research.

Medicaid Recovery

Wisconsin

dhs.wisconsin.gov/medicaid/erp.htm→

Administering agency

Wisconsin Department of Health Services — Estate Recovery Program

Phone608-264-6755
WebsiteVisit website →

Authority

Wis. Stat. 49.496; Wis. Stat. 49.849

Verified Jul 2026
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