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4. None of the following lawfully reside in the home: a. The member’s spouse. b. The member’s child who is: i. Under age 21, or ii. Disabled, or iii. Blind. c. The member’s sibling who has an ownership interest in the home and who has lived in the home continuously beginning at least 12 months before the member was admitted to the nursing home or hospital. The request for an administrative hearing must be made in writing directly to the DHA at: Department of Administration Division of Hearings and Appeals P.O. Box 7875 Madison, WI 53707-7875 The request must be clearly marked "Medicaid Lien” and must be filed within 45 days of the mail date on the Notice of Intent to File a Lien. The date the written request is received by DHA is the date the hearing request is considered filed. 22.1.4.8 Homes Placed in Revocable Trusts If a Medicaid member places his or her home in a revocable trust (see SECTION 16.1 ASSETS INTRODUCTION), he or she retains an ownership interest in the home. Complete a Notice of Intent to File a Lien if the member meets the conditions for a lien to be filed (see SECTION 22.1.4.1 NOTICE OF INTENT TO FILE A LIEN). 22.1.5 Estate Claims DHS recovers Medicaid 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 percent 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 Medicaid 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