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Medicaid Planning · Michigan

Michigan Medicaid estate recovery

Medicaid estate recovery rules for Michigan.

Published: September 4, 2026. Last checked: September 5, 2026.

Recovery scope

Michigan ordinarily recovers from property subject to probate administration. For a long-term-care partnership participant with an asset disregard, the state plan expands recovery to nonprobate property but offsets recovery by the disregarded amount.

Source: Michigan Medicaid State Plan SPA 16-0005 [state-plan] — SPA 16-0005 approved May 24, 2016; effective January 1, 2016 Additional authority: Michigan Compiled Laws § 400.112h [state-statute] — Added by 2007 PA 74; immediate effect September 30, 2007

Controlling authority

Michigan Compiled Laws §§ 400.112g through 400.112k and Medicaid State Plan SPA 16-0005 govern estate recovery.

Source: Michigan Compiled Laws § 400.112g [state-statute] — Added by 2007 PA 74; immediate effect September 30, 2007 Additional authority: Michigan Medicaid State Plan SPA 16-0005 [state-plan] — SPA 16-0005 approved May 24, 2016; effective January 1, 2016

Exemptions and deferrals

Recovery is deferred while there is a surviving spouse or a surviving child under 21, blind, or disabled. A qualifying two-year caregiver survivor and a sibling with an equity interest who lived in the home for at least one year also receive statutory protection.

Source: Michigan Compiled Laws § 400.112g [state-statute] — Added by 2007 PA 74; immediate effect September 30, 2007

Hardship-waiver path

The current hardship application includes specified family-farm or family-business and modest-value-home criteria together with the form's financial tests.

Source: Michigan MDHHS Estate Recovery Hardship Waiver Application MSA-0008 [state-medicaid-agency] — Form revision April 2026

Lien practice

Michigan is not a TEFRA-lien state and does not place a pre-death lien under that authority.

Source: Michigan Medicaid State Plan SPA 16-0005 [state-plan] — SPA 16-0005 approved May 24, 2016; effective January 1, 2016 Additional authority: Michigan Compiled Laws § 400.112g [state-statute] — Added by 2007 PA 74; immediate effect September 30, 2007

Sources

Methodology & sources

Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.

General information, not legal advice.