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Example: homes, cars, insurance money and bank accounts. • Beneficiary’s sibling who has an equity interest in the home and was living in the home for at least 1 year immediately before the beneficiary’s death.• A survivor who: •• was living in the beneficiary’s home for at least 2 years immediately before the beneficiary went into a medical facility: and •• provided care so the beneficiary could stay at home during that period. An undue hardship exists when: • The estate is the sole source of income for the survivors, such as a family farm or business; or • The estate is a home of modest value; or BEM 400 8 of 42 ASSETS BRIDGES ELIGIBILITY MANUAL STATE OF MICHIGAN DEPARTMENT OF HUMAN SERVICES • A survivor would become or remain eligible for Medicaid if recovery occurred. When a Medicaid beneficiary age 55 or older dies, the state sends an estate recovery notice to the estate representative or heirs. The completed application must be received no later than 60 days from the date of the estate recovery notice. The state will determine if a waiver is warranted.” This new rule will certainly prompt administrative changes in probate court filings and DHS will likely be an interested party on probate estates for individuals over age 55.The estate recovery notice tells them: • the state plans to file a claim; • how much the state will claim; • how to apply for an undue hardship waiver. Applications are available from the following sources: • online at • by email at [email protected]• by sending a letter to P. Interestingly, this new rule may in fact revitalize a sagging estate planning practice as estate recovery can be completely avoided through a well-crafted, but simple plan.

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Finally, the long awaited and highly dreaded estate recovery act has come to Michigan in the form of BEM 400.

All states except Michigan have some form of estate recovery.

In our discussions at the Elder Law council and probate council meetings, after state employees and overhead is paid for to collect these assets, there is generally a loss to the state.

The rules governing jointly owned property is under BEM 400-Assets.

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Formerly, a jointly owned parcel of real estate was rendered “unavailable” and therefore not counted as a resource as long as the joint owners were not added within the 60 month look-back period and were unwilling to sell their share.

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