Recovery scope
Recovery is generally against the probate estate. Expanded nonprobate interests are included only for a decedent whose qualified long-term-care policy caused assets to be disregarded.
Controlling authority
305 ILCS 5/5-13 and 5-13.1 and 89 Ill. Adm. Code 102.200 through 102.250 govern estate claims, waivers, and liens.
Exemptions and deferrals
Illinois does not enforce a medical-assistance claim while a surviving spouse, a child under 21, or a blind or permanently disabled adult child survives. For deaths on or after July 1, 2022, the first $25,000 of an estate is waived.
Hardship-waiver path
Illinois waives recovery when it is not cost-effective, would cause undue hardship, or for another just reason; the rules include a waiver where recovery would cause an heir or beneficiary to become or remain eligible for public benefits.
Lien practice
Illinois may file a lien on real property of a permanently institutionalized recipient after notice and the required determination, subject to protected-resident rules; the administrative code governs filing, renewal, foreclosure, and release.
Sources
Methodology & sources
Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.
General information, not legal advice.