Recovery scope
Expanded estate recovery reaches the probate estate and other real or personal property interests in which the recipient held legal title or an interest at death, including specified survivorship and trust arrangements.
Controlling authority
Indiana Code chapters 12-15-8.5 and 12-15-9 and 405 IAC 2-8-1, 2-10-8, and 2-10-9 govern recovery and liens.
Exemptions and deferrals
Recovery is postponed while a surviving spouse lives and while a surviving child is under 21, blind, or disabled; qualifying resident siblings and caregiver children receive the home protections stated in Indiana law and rule.
Hardship-waiver path
An heir may request an undue-hardship waiver under Indiana's estate-recovery rules and agency process. The amount or timing of relief depends on the rule's hardship criteria and determination.
Lien practice
Indiana may place a lien on real property of a permanently institutionalized recipient after the statutory determination and notice, subject to protected-relative rules; the lien must be released when the governing conditions require it.
Sources
Methodology & sources
Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.
General information, not legal advice.