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transfer penalty. There is also no requirement to pursue the elective share as the surviving spouse will have received at least 50% of the estate. NOTE: If the community spouse later requests institutional or waiver Medicaid, any assets they transferred must be evaluated for an uncompensated asset transfer/penalty. COMMUNITY SPOUSE DIES WITH NO WILL: When a community spouse dies and doesn’t leave a will, the institutionalized spouse is entitled to all or a large portion of the estate. FAMILY ALLOWANCES: A Medicaid client who is or may be entitled to a “family allowance” from a deceased family member’s estate, or any other inheritance/allowance, must pursue their claim. OTHER ENTITLEMENTS: If a Medicaid client is entitled to other assets over and above their family allowance or elective share, they must pursue those assets. Effective Date: July 01, 2016