Virginia Medicaid Estate Recovery
Virginia defines an estate broadly enough to include property in which the deceased retained a legal title or interest at death.
Virginia uses an expanded estate definition
Virginia DMAS administers Medicaid estate recovery. The regulation defines an estate as all real and personal property and other assets held by the individual at death, plus other real and personal property and assets in which the individual had any legal title or interest at death, to the extent of that interest. That language is broader than a simple probate-only description and is the reason title arrangements, retained interests, and death-time transfers need individual analysis (Virginia estate-recovery regulation).
DMAS describes estate recovery as a post-death action for Medicaid medical expenses paid after a member turned 55. The state may recover no more than the Medicaid payments made on the member's behalf or the estate value, whichever is less. The state fact sheet cautions that a home can be part of the estate even where it was excluded in the earlier Medicaid eligibility decision (DMAS estate-recovery fact sheet).
Want to know how this fits your family's plan?
Twelve questions. About four minutes. A shortlist of funding strategies ranked for your situation — not a generic list.