Page 17 - Florida Long-Term Care Medicaid Post Approval Client Guide

Family First Firm • Florida Medicaid Post-Approval Guide

Important Points About Florida MERP
Florida limits recovery to the "probate estate" – assets that pass through probate. This does
not include:
Assets that pass outside of probate (POD accounts, joint accounts with right of

survivorship, life insurance with named beneficiaries) are generally protected,
A Florida residence’s primary residence, also known as the homestead,
Non-homestead property such as income producing property or vacant through the use

of a enhanced life estate deed, commonly known as a “Lady Bird Deed,” or
Property held in trust (other than the QIT).
Florida has a two-year statute of limitations for estate recovery claims. If assets are subject
to probate, filing two years after the date of passing may avoid payment of such claims
from ACHA or any other possible creditor.

If we helped your loved one become eligible for Medicaid, it is highly likely that there will be
no probate estate, meaning that the State will not recover in most situations.
Hardship waivers may be available in certain circumstances.

QIT Upon Death
Any funds remaining in the Qualified Income Trust at the time of death must first be used to
repay Medicaid for benefits provided (up to the amount remaining in the trust). The QIT is a

"payback" trust, meaning Medicaid has a first priority claim on any remaining funds.

Contact our office before distributing any assets from the estate. We can help you

navigate the estate recovery process and identify any applicable protections or exemptions.

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