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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 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 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. 22.1.5.6 Affidavits in Small Sum Estates Heirs, guardians, and trustees of revocable trusts created by a deceased Medicaid member must notify ERP before transferring any of the deceased’s property through a Transfer by Affidavit ($50,000 and under) (Wis. Stat. § 867.03). 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 applicant/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 his or her 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.