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If a member’s services do not meet the criteria listed above, they are not subject to estate recovery. This page last updated in Release Number: 25-02 Release Date: 04/09/2025 Effective Date: 04/09/2025 33.3 Estate Claims DHS recovers BadgerCare Plus benefit costs from the member’s estate or from the member’s surviving spouse’s estate. Recovery from a member’s surviving spouse’s estate will be limited to 50% of the marital property that the member had an interest in immediately prior to death. When DHS learns of the death of a member or a member’s surviving spouse, it files a claim in probate court in the amount of BadgerCare Plus recoverable benefits. The probate court will not allow a claim on the estate to be paid if any of the following survives the member: 1. A spouse. 2. A child, if the child is: a. Under age 21, or b. Blind, or c. Disabled. Do not negotiate a settlement, accept any funds, or sign any release for estate claims that have been filed by DHS. ERP staff should be notified if a claim is filed by the county against an estate for recovery of overpayments or incorrect BadgerCare Plus benefits, for those 55 years of age or older. Refer any questions about specific estate claims to the ERP staff. 33.3.1 Waiver of Estate Claim An heir or beneficiary of the deceased member’s estate or co-owner or beneficiary of a member’s non- probate property may apply for a waiver of an estate claim filed by ERP. To be successful, the person applying for the waiver must show one of these three hardships exist: 1. The waiver applicant would become or remain eligible for AFDC, SSI, FoodShare or Medicaid if ERP pursued the estate claim. 2. The deceased member’s real property is part of the waiver applicant’s business (for example, a farm) and the ERP recovery claim would affect the property and result in the waiver applicant’s loss of their means of livelihood. 3. The waiver applicant is receiving general relief or veteran’s benefits based on need under §45.40(1m) Wis. Stats. The waiver application must be made in writing within 45 days after the day: 1. ERP mailed its recovery claim to the probate court or its affidavit to the heir, beneficiary, or co- owner or 2. ERP mailed its notice of waiver rights, whichever is latest.