How long before can surviving spouse sell there home and avoid estate recovery in Kentucky?

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Spouse is on Medicaid in nursing home and dies.

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MERP (estate recovery) will be very much interdependent on Kentucky laws for property rights & probate and then for the administrative code for Medicaid. You would need to speak with a Kentucky atty who is in a firm that does elder law and has an affiliation with probate atty's who understand MERP.

There isn't 1 answer as Medicaid is a joint federal & state program BUT each state runs Medicaid uniquely. Some states do not do a recovery for surviving spouses; other states do. Some states allow for a lein to be placed on the property while the Medicaid recipient is alive while other states place the lein after the NOI (Notice of Intent) is sent or has to file MERP as a Claim against the estate if family opens probate. Really you need to clearly speak with an atty in your state for the answer.
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