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What is the Medicaid estate recovery program (MERP) and how does it affect the Transfer on Death Deed?

For individuals age 55 or older, states are required by the federal government to seek recovery of payments from the individual’s estate for nursing facility services, in-home care, and related hospital and drug services. A simple will goes through probate and subjects property to being taken by Medicaid estate recovery. Under current law, property passed on by a Transfer on Death Deed is exempted from Medicaid estate recovery.     

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