Kansas has expanded its estate recovery provisions. The state may now recover against the non-probate estates of Medicaid recipients, including assets conveyed to an heir or survivor through joint tenancy, survivorship, tenancy in common, transfer on death deed, payable-on-death contract, life estate, trust, annuities "or similar arrangement."
Also, Kansas will now place liens on the homes of Medicaid recipients provided they have received at least 6 months of care, they cannot return home, and a spouse, minor or disabled child does not still live in the house.
The changes took effect July 1, 2004, and the state will begin applying the new rules October 1.
For an article on the change in the Wichita Eagle, go to: https://www.kansas.com/mld/kansas/news/local/9684053.htm
To download in PDF format the legislative act containing Kansas's new estate recovery provisions, go to: https://www.elderlawanswers.com/resources/documents/KansasEstateAct.pdf
To download in PDF format the Kansas Department of Social and Rehabilitation Services' letter to consumers, go to:
https://elderlawanswers.com/resources/documents/kansasestate.pdf
(If you do not have the free PDF reader installed on your computer, download it here.)
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