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33.3.6 Affidavits in Small Sum Estates and Non-Probate Property Heirs, guardians, and trustees of revocable trusts created by a deceased BadgerCare Plus member must notify ERP before transferring any of the deceased’s property through a Transfer by Affidavit ($50,000 and under) (§867.03, Wis. Stats.). The heir, guardian or trustee must send a copy of the affidavit to ERP by certified mail, return receipt requested. Examples of property include bank accounts (savings or checking); postal savings; credit union or building and loan shares; contents of safe deposit boxes; savings bonds; stocks and other securities; promissory notes and mortgages which are payable to the member and negotiable; real estate; etc. If an heir, guardian or trustee transfers the deceased’s property, ERP will send an affidavit to the heir, guardian, or trustee to recover any funds remaining after burial and estate administration costs have been paid. Funeral costs are limited to those expenses connected with the funeral service and burial. A marker for the grave is considered a burial cost. Memorials and/or donations to churches, organizations, persons, or institutions are not considered burial costs. ERP will also send its affidavit to the co-owners and/or beneficiaries of a member’s non-probate property. Non-probate property is property that passes outside an individual’s estate. This means that non-probate property does not go through probate before it is transferred to those who inherit it. Non- probate property subject to recovery includes, but is not limited to, life estates, property held in joint tenancy, life insurance proceeds, property held in revocable trusts, and property that is payable-on- death or transfer-on-death to a beneficiary. Co-owners and beneficiaries of a member’s non-probate property have the right to request a fair hearing as on the value of the member’s interest in the property. The value of the member’s interest for jointly owned property is the percentage interest attributed to the member when Medicaid eligibility was determined or, if not determined at eligibility, the fractional interest the member had in the property at their death. For life estate interests, the value is the percentage of ownership based on the member’s age at the date of death, according to the life estate tables used for Medicaid eligibility. The value of the property is the fair market value. Fair market value is the price a willing buyer would pay to a willing seller for purchase of the property. It is the co-owners’ or beneficiaries’ responsibility to establish that value through a credible method like an appraisal by a licensed appraiser. ERP staff will attend the fair hearing to present DHS’ position on the value of the property. Real property of a BadgerCare Plus member, whether non-probate or transferred by affidavit, is subject to a lien if the state’s claim cannot be satisfied through other assets. DHS may not enforce the lien while any of the following survive: 1. Spouse, 2. Child who is: a. Under age 21, or b. Blind, or c. Disabled. ERP will recover any funds that remain from a burial trust after costs have been paid.