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notification must be by certified mail and include the date by which claims against the estate must be filed. 33.3.5 Real Property as Part of the Estate When real property is part of the estate, ERP may file a lien equal to the BadgerCare Plus payments even if one of these persons is alive: 1. The spouse. 2. A child under age 21. 3. A disabled or blind child of any age. Recovery through the lien will not be enforced as long as any of these persons meet the criteria and is alive. Example 1 Mr. A dies. A claim on his estate is filed and the estate includes real property. His spouse is deceased, and he has no blind or disabled child. He has a child, age 19. This child lives outside Mr. A’s home. A lien is placed on the real property but cannot be enforced because the minor child is still alive. The child later turns 21. As there is then no living spouse, child under 21, or disabled or blind child, the lien can be enforced. DHS will take a lien in full or partial settlement of an estate claim against the portion of an estate that is a home if: 1. A child, of any age of the deceased member: a. Resides in the member’s home, and b. That child resided in that home for at least 24 months before the member entered the nursing home, hospital, or received home and community-based waiver services, and c. That child provided care that delayed the member’s move to the nursing home, hospital, or their receipt of home and community-based waiver services. 2. A sibling of the deceased member: a. Resides in the member’s home, and b. Resided in that home for at least 12 months before the date the member entered a nursing home, hospital, or received home and community-based services. The lien filed in one of these two instances will be payable at the death of the caretaker child or sibling or when the property is transferred, whichever comes first. However, if the caretaker child or sibling sells the home covered by the DHS lien, and uses the sale proceeds to buy another home to be used as that child’s or sibling’s primary residence, then: 1. DHS will transfer the lien to the new home if the amount of the caretaker child or sibling’s payment or down payment for the new home is equal to or greater than the proceeds from the original home. 2. If the down payment on the new home is less than the proceeds from the sale of the original home, DHS will recover the amount of the proceeds above the down payment, but no greater than the lien amount. If there is an amount in the lien still not satisfied, DHS will file a lien for the remaining amount on the new home.