Recovery scope
Recovery reaches property and assets passing under West Virginia probate law by will or intestacy.
Controlling authority
West Virginia BMS Chapter 900, Estate Recovery
Exemptions and deferrals
Lien and recovery protections apply for the specified surviving spouse, child under 21, blind or disabled child, and qualifying sibling with equity and residency circumstances; recovery is deferred as the rule provides.
Hardship-waiver path
West Virginia's hardship process addresses specified caregiver-child, family-business or farm, financial-support, and family-survival circumstances; a request must be filed within 45 days of notice.
Lien practice
A lien may follow a permanent-institutionalization determination and must be dissolved within 30 days after discharge and return home, subject to the manual's protected-relative rules.
Sources
Methodology & sources
Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.
General information, not legal advice.