Agencies
Services
FAQs
What is an estate?
An estate as it relates to estate recovery is the real and personal property of a deceased Medicaid recipient that is subject to probate. Real property may include a home and other real estate. Personal property may include a car, cash, and other personal property. A probate estate does not include assets that pass directly to a beneficiary outside of the probate process. Some typical examples of assets that are not usually subject to probate include:
- insurance policy proceeds;
- retirement accounts, such as IRAs;
- pension plans;
- accounts at financial institutions, such as banks or credit unions, which are paid on death or accounts or joint accounts with right of survivorship;
- mutual funds; or
- deferred compensation plans.
Is property that I own in another state exempt from recovery?
Any property you own that is part of your estate, regardless of location, may be subject to estate recovery.
I want to will my home to my children. Can the state still take it?
The state will not take physical possession of your property, however the home in a decedent's estate may have to be sold in order to satisfy the HFS' claim. All claims (debts) against an estate, including Medicaid estate recovery claims, must be paid before property can be distributed as stated in a will. The heirs can choose to use other funds to pay the claim if they do not want to sell the home.
How do I apply for an Undue Hardship Waiver?
How do I apply for an Undue Hardship Waiver?
You may download the hardship waiver application from this website. The hardship waiver application is available in six languages in order to make it accessible to all.
What will the heirs to the estate have to pay?
Heirs are not asked to spend their own money to pay the estate claim. The estate assets are expected to be used to pay the debts of the estate.
If I received Medicaid covered services in another state as well as in Illinois, which state will file a claim?
Both states may file a claim. The probate court will decide how to divide the estate between the claims.
Can a family make monthly payments to pay the claim and how long can they take to pay?
HFS does not allow payment plans.
What happens if the family sells the home and there is still a balance due? Who is responsible for paying the rest?
The state cannot collect more than the value of the estate. Even if there are not enough assets in the estate to pay all or even some of the estate recovery claim, family members are not required to pay from their own money.
Contact Us
For additional information about the various types of payment recoveries, please write to:
Illinois Department of Healthcare and Family Services
Bureau of Collections - Technical Recovery Section
P.O. Box 19174
Springfield, Illinois 62794-9174
For Lien and Estate cases in Cook County, please send email inquiries and referrals to:
For Lien and Estates cases in all other jurisdictions, please send email inquiries and referrals to:
For Personal Injury and Casualty cases in Cook County, please send email inquiries and referrals to:
For Personal Injury and Casualty cases in all other jurisdictions, please send email inquiries and referrals to:
For Workers' Compensation cases in Cook County, please send email inquiries and referrals to:
For Workers' Compensation cases in all other jurisdictions, please send email inquiries and referrals to:
For additional information about a waiver of estate recovery email us at the links above or write to:
Illinois Department of Healthcare and Family Services
Bureau of Collections - Technical Recovery Section
P.O. Box 19174
Springfield, Illinois 62794-9174
For information about Department of Human Services (DHS) programs:
Call or visit your local Department of Human Services office. A caseworker at the local office will answer your questions. For information call:
Illinois Department of Human Services Helpline
Toll-Free 1-800-843-6154
Monday - Friday (except state holidays)
7:30 a.m. - 7 p.m.
Persons using a teletypewriter (TTY) can call toll-free at 1-800-447-6404.