Minnesota's Estate Recovery Program (MERP), under Minn. Stat. 256B.15, lets the state file a claim after a Medical Assistance recipient's death (and, if married, generally after the surviving spouse's death too) to recover what MA paid for long-term services and supports. Minnesota's program can reach beyond the probate estate to jointly held property, life estates, transfer-on-death deeds, and revocable trusts, so common probate-avoidance planning doesn't automatically shield a home.
The detail behind the program
This is one of the most emotionally charged questions Twin Cities families ask, because it often involves a childhood home someone hopes to pass down. Recovery is paused entirely while a surviving spouse is alive, or while there's a surviving child under 21 or a surviving child of any age who is blind or permanently disabled, and a hardship waiver process exists for other qualifying situations. Recovery only applies to services received at 55 or older, or to services received at any age while permanently residing in a long-term care facility. Because MERP planning intersects with estate law, real property titling, and trust law, families with a home or other significant assets should talk to a Minnesota elder-law attorney before assuming any particular planning strategy will work.
Related questions
- What is the Elderly Waiver and what does it cover?
- What is Alternative Care and how is it different from the Elderly Waiver?
- How do I apply for Medical Assistance long-term care or a waiver in the Twin Cities?
- Does Medicaid pay for the full cost of assisted living in Minnesota?
- What are Minnesota's income and asset limits for nursing home Medical Assistance in 2026?
- How much can a healthy spouse keep if their partner needs Medicaid-covered nursing home care in Minnesota?
- What is Minnesota Senior Health Options (MSHO) and who qualifies?