49.682 Recovery from estates. - Wisconsin Statutes

49.682

49.682 Recovery from estates.

49.682(1)

(1) In this section:

49.682(1)(a)

(a) "Client" means a person who receives or received aid under s. 49.68, 49.683 or 49.685.

49.682(1)(b)

(b) "Disabled" has the meaning given in s. 49.468 (1) (a) 1.

49.682(1)(c)

(c) "Home" means property in which a person has an ownership interest consisting of the person's dwelling and the land used and operated in connection with the dwelling.

49.682(2)

(2)

49.682(2)(a)

(a) Except as provided in par. (d), the department shall file a claim against the estate of a client or against the estate of the surviving spouse of a client for the amount of aid under s. 49.68, 49.683 or 49.685 paid to or on behalf of the client.

49.682(2)(b)

(b) The affidavit of a person designated by the secretary to administer this subsection is evidence of the amount of the claim.

49.682(2)(c)

(c) The court shall reduce the amount of a claim under par. (a) by up to the amount specified in s. 861.33 (2) if necessary to allow the client's heirs or the beneficiaries of the client's will to retain the following personal property:

49.682(2)(c)1.

1. The decedent's wearing apparel and jewelry held for personal use.

49.682(2)(c)2.

2. Household furniture, furnishings and appliances.

49.682(2)(c)3.

3. Other tangible personal property not used in trade, agriculture or other business, not to exceed in value the amount specified in s. 861.33 (1) (a) 4.

49.682(2)(d)

(d) A claim under par. (a) is not allowable if the decedent has a surviving child who is under age 21 or disabled or a surviving spouse.

49.682(2)(e)

(e)

49.682(2)(e)1.

1. If the department's claim is not allowable because of par. (d) and the estate includes an interest in a home, the court exercising probate jurisdiction shall, in the final judgment or summary findings and order, assign the interest in the home subject to a lien in favor of the department for the amount described in par. (a). The personal representative or petitioner for summary settlement or summary assignment of the estate shall record the final judgment as provided in s. 863.29, 867.01 (3) (h) or 867.02 (2) (h).

49.682(2)(e)2.

2. If the department's claim is not allowable because of par. (d), the estate includes an interest in a home and the personal representative closes the estate by sworn statement under s. 865.16, the personal representative shall stipulate in the statement that the home is assigned subject to a lien in favor of the department for the amount described in par. (a). The personal representative shall record the statement in the same manner as described in s. 863.29, as if the statement were a final judgment.

49.682(2)(f)

(f) The department may not enforce the lien under par. (e) as long as any of the following survive the decedent:

49.682(2)(f)1.

1. A spouse.

49.682(2)(f)2.

2. A child who is under age 21 or disabled.

49.682(2)(g)

(g) The department may enforce a lien under par. (e) by foreclosure in the same manner as a mortgage on real property.

49.682(3)

(3) The department shall administer the program under this section and may contract with an entity to administer all or a portion of the program, including gathering and providing the department with information needed to recover payment of aid provided under s. 49.68, 49.683 or 49.685. All funds received under this subsection, net of any amount claimed under s. 867.035 (3), shall be remitted for deposit in the general fund.

49.682(4)

(4)

49.682(4)(a)

(a) The department may recover amounts under this section for the provision of aid provided under s. 49.68, 49.683 or 49.685 paid on and after September 1, 1995.

49.682(4)(b)

(b) The department may file a claim under sub. (2) only with respect to a client who dies after September 1, 1995.

49.682(5)

(5) The department shall promulgate rules establishing standards for determining whether the application of this section would work an undue hardship in individual cases. If the department determines that the application of this section would work an undue hardship in a particular case, the department shall waive application of this section in that case.

49.682(6)

(6) The department may contract with or employ an attorney to probate estates to recover under this section the costs of care.

49.682 - ANNOT.

History: 1995 a. 27 ss. 3044b to 3044j; Stats. 1995 s. 49.682; 1995 a. 225 ss. 127, 128; 1999 a. 9.