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"Injustice anywhere is a threat to justice everywhere."
Martin Luther King, Jr.

MaineCare's Estate Recovery Policy


What is estate recovery?

When a MaineCare member age 55 or older passes away, the state can recover funds from that person's estate to pay MaineCare back for the cost of his or her care. This is called estate recovery.

If MaineCare is only helping me with my Medicare costs, will the state still try to get my property?

No. If MaineCare is only helping to pay for your Medicare costs, like your premium and deductibles, then there will be no estate recovery.

Will they take my house after I die, even if my spouse still lives in it?

The state does not take any property in which your spouse or dependent child live (unless they die within four months of your death).

For more information about estate recovery in MaineCare call the Legal Services for the Elderly HelpLine at 1-800-750-5353.

Disclaimer

Maine Equal Justice Partners
July 2007

We are providing this information as a public service. We try to make it accurate as of the date indicated for each client education page. Sometimes the law changes. We cannot guarantee or promise that this information is always up-to-date and correct. Feel free to contact us to find out if there have been any changes since the date of the information provided.

We do not intend this information to be legal advice. We do not intend it as advertising or solicitation. By providing this information, we are not acting as your lawyer. It is best to consult a competent lawyer before taking legal action.

Because it is important that information be shared, we encourage reproduction and distribution of our work so long as appropriate acknowledgement is made. Please check with us for updates on information before distributing any dated material.



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