How long Medicaid has to recoup benefits from the estate of a Medicaid recipient depends entirely on the rules of the particular state. For example, here’s how it works in Massachusetts: When you probate the estate you have to give the Medicaid department notice. The Medicaid department then has a certain number of months to file a claim. But the time period does not begin to run until you give them notice. This is entirely different from most creditors, who have a year from the date of death to file a claim. You will have to do online research or consult with a local probate attorney to learn the rule in your state. To find an attorney near you, go here: http://www.elderlawanswers.com/elder-law-attorneys.