Sec. 0.5. (a) As used in this chapter, “estate” includes: (1) all real and personal property and other assets included within an individual’s probate estate; (2) any interest in real property owned by the individual at the time of death that was conveyed to the individual’s survivor through joint tenancy with right of survivorship, if […]
Sec. 0.6. (a) This section applies to the enforcement of claims against assets transferred by a nonprobate transfer involving a deceased transferor who dies before, on, or after July 1, 2018. (b) The office’s claim against assets transferred by a nonprobate transfer may be enforced as set out in IC 32-17-13. (c) Except as provided […]
As added by P.L.178-2002, SEC.84. Amended by P.L.224-2003, SEC.79. Repealed by P.L.246-2005, SEC.230.
Sec. 0.8. Any nonprobate assets: (1) that the office determined were exempt or unavailable assets; or (2) that were transferred out of the probate estate; before May 1, 2002, may not be included in the definition of estate under this chapter. As added by P.L.178-2002, SEC.85.
Sec. 1. Upon the death of a Medicaid recipient, the total amount of Medicaid paid on behalf of the recipient after the recipient became fifty-five (55) years of age must be allowed as a preferred claim against the estate of the recipient in favor of the state. The affidavit of a person designated by the […]
Sec. 2. A claim may not be enforced against the following: (1) Real estate of a recipient while it is necessary for the support, maintenance, or comfort of the surviving spouse, a dependent child less than twenty-one (21) years of age, or a dependent who is nonsupporting because of blindness or other disability. (2) Personal […]
Sec. 5. The office may not file a claim against the estate of a recipient’s surviving spouse. As added by P.L.152-1995, SEC.8. Amended by P.L.246-2005, SEC.109; P.L.149-2012, SEC.5.
Sec. 6. Notwithstanding sections 2 and 5 of this chapter, the office may waive the application of this chapter in cases of undue hardship. The office of the secretary shall adopt rules under IC 4-22-2 establishing criteria for hardship waivers that are consistent with guidelines of the Secretary of the United States Department of Health […]
Sec. 7. A person receiving beneficiary payments from an annuity contract of a deceased Medicaid recipient is liable to the state for reimbursement of Medicaid benefits: (1) paid to; or (2) on behalf of; the deceased Medicaid recipient to the extent of any payments that are received by the person under a annuity contract purchased […]
