Holden Law Office provides professional services with a personal touch to individuals and families that are facing issues associated with long-term illness, assisted living facilities, nursing home admission, Medicaid eligibility, and disabilities.

Federal law mandates that each state recover Medicaid benefits paid on behalf of individuals age 55 and older from that person’s estate. The definition of estate is different for each state. In Tennessee, an estate is limited to an individual’s probate estate. Tennessee’s estate recovery statute is found in Tennessee Code Annotated, §71-5-116. In other words, if an individual receives Medicaid benefits and has assets in their estate at death, with certain exceptions, TennCare has the ability to recoup all funds paid on behalf of that individual.

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