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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 Medicaid member, whether non-probate or transferred by affidavit, is subject to a lien if the state’s claim cannot be satisfied through other assets. The 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. Direct specific questions about questionable allowable costs to ERP staff. 22.1.5.7 Patient Fund Account Nursing homes are required to notify ERP when a Medicaid member dies with money left in his or her nursing home patient fund account if he or she has no surviving spouse or minor or disabled child. ERP will claim from the nursing home any funds remaining in the patient account after payment of funeral and burial expenses and outstanding debts from the last month of illness that are not chargeable to Medicaid. 22.1.5.8 Native Americans Native Americans: Income, Resources and Property Exempt from Medicaid Estate Recovery The following income, resources, and property are exempt from Medicaid estate recovery: 1. Certain income and resources (such as interests in and income derived from Tribal land and other resources currently held in trust status and judgment funds from the Indian Claims Commission and the U.S. Claims Court) that are exempt from Medicaid estate recovery by other laws and regulations; 2. Ownership interest in trust or non-trust property, including real property and improvements: a. Located on a reservation (any federally recognized Indian Tribe’s reservation, Pueblo, or Colony, including former reservations in Oklahoma, Alaska Native regions established by Alaska Native Claims Settlement Act and Indian allotments) or near a reservation as designated and approved by the Bureau of Indian Affairs of the U.S. Department of the Interior; or b. For any federally recognized Tribe not described in (a), located within the most recent boundaries of a prior Federal reservation. c. Protection of non-trust property described in (a) and (b) is limited to circumstances when it passes from an Indian (as defined in section 4 of the Indian Health Care