• videocam Live Webinar with Live Q&A
  • calendar_month September 23, 2026 @ 1:00 PM ET/ 10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Family Law
  • schedule 90 minutes

Medicaid Estate Recovery and Liens: Protecting Client Assets Before and After Death

Probate and Expanded Estate Recovery, Home Liens, Survivor Protections, and State Variations

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$252.45
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Discount expires 9/9/26

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About the Course

Introduction

This CLE course will examine Medicaid estate recovery and lien rules, including the federal baseline and state variations governing recoverable services. The faculty will discuss estate definitions, protected survivors, hardship waivers, and claim resolution, while also addressing planning before and during Medicaid eligibility. The panel will also navigate the steps to be taken upon the assertion of a recovery notice or probate claims.

Description

Clients are often told their home is Medicaid-exempt for eligibility purposes. The client may assume it will stay protected after death, an assumption that can turn costly. Medicaid eligibility and Medicaid estate recovery are separate inquiries and analyses. Property previously ineligible during the beneficiary's lifetime may become subject to a state claim.

Federal law generally requires states to seek recovery for certain Medicaid-funded long-term services and supports provided to persons at or above 55 years old. States may differ on whether other services become subject to recovery, how the claim would calculate, if recovery is limited to the probate estate, and whether non-probate assets may be affected (such as survivorship property, life estates, or living trust interests). States vary on hardship waiver requirements, thresholds, notice procedures, and more.

Listen as our authoritative panel examines the federal Medicaid estate recovery framework, state variations, planning considerations, and strategies for evaluating, challenging, and resolving liens and claims.

Presented By

Colleen D. Bratkovich
Shareholder and Partner
Zacharia Brown & Bratkovich

Ms. Bratkovich is a Shareholder and Partner at Zacharia Brown & Bratkovich and practices in the areas of Estate Planning, Elder Law, and Estate Administration. She is admitted to practice law in the Commonwealth of Pennsylvania and before the Pennsylvania Supreme Court. Ms. Bratkovich is also accredited by the Veteran’s Administration to represent Veterans in their claims before the Department.

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Paul W. Hamilton
Attorney
Hamilton Trust, Estate & Elder Law

Mr. Hamilton is an Attorney at Hamilton Trust, Estate & Elder Law. He is licensed to practice in both state and federal courts throughout Georgia. 

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, September 23, 2026

  • schedule

    1:00 PM ET/ 10:00 AM PT

I. Federal estate recovery framework and scope

A. Mandatory and optional recovery

B. Age, institutionalization, and covered service requirements

C. Eligibility exemptions vs. post-death exposure

II. Identifying the estate and assets subject to recovery

A. Probate estate vs. expanded estate

B. Joint ownership, survivorship interests, life estates, and trusts

C. Fee-for-service and managed care claim calculations

III. Lifetime liens, protected survivors, and delayed recovery

A. TEFRA liens and permanent institutionalization

B. Surviving spouses and minor, blind, or disabled children

C. Sibling protections, intent to return home, and lien release

IV. Planning before and during Medicaid eligibility

A. Reviewing ownership, deeds, trusts, and beneficiary arrangements

B. Transfer rules, caregiver child and sibling exceptions

C. Medicaid asset protection trusts, payback trusts, and partnership policies

V. Hardship waivers and resolution of recovery claims

A. State waiver standards, deadlines, and supporting evidence

B. Reviewing notices, services, payments, and claim calculations

C. Probate objections, administrative remedies, negotiation, and partial recovery

VI. State variations, counseling issues, and reform

A. Multistate clients and changing state laws

The panel will review these and other key issues:

  • Which Medicaid services, beneficiaries, and assets may be subject to estate recovery?
  • How do probate-only and expanded estate recovery statutes affect homes, trusts, life estates, and jointly owned property?
  • When do surviving spouse, child, sibling, hardship waiver, and long-term care partnership protections apply?
  • How should counsel coordinate estate recovery planning with transfer rules, trusts, deeds, beneficiary designations, and tax consequences?
  • What steps should attorneys take to verify, challenge, negotiate, or resolve a Medicaid lien or estate claim?