Quick answer: Montana seeks repayment from the estates of nursing home residents and people who got Medicaid at 55 or older. Its estate definition goes beyond probate to include joint tenancy, tenancy in common and property passed by beneficiary or quitclaim deed.
Federal law requires Montana to pursue recovery of certain Medicaid payments after a recipient's death, and DPHHS applies this to nursing-home residents, people who lived in medical facilities or institutions, and anyone who was 55 or older when they received Medicaid-paid services.
Montana's recovery reach goes beyond the conventional probate estate. DPHHS policy defines the estate to include real and personal property owned at death plus property that passed automatically to beneficiaries at death — explicitly covering property reported through probate, property held in joint tenancy, and property held as tenancy in common. The agency's own consumer brochure adds property that sits outside probate altogether and property transferred by a beneficiary deed or quitclaim deed. Heirs facing recovery can request a waiver or reduction on undue-hardship grounds.
Sources and official resources
- Montana DPHHS: How Can Medicaid Help with Nursing Home Bills?
- U.S. Code: 42 U.S.C. § 1396p (liens, estate recovery, transfers of assets, Partnership disregard)
Rules and figures change. Confirm current details with the agency before you act.