Research shows:
Are there times when estate recovery does not take effect even after the recipient's death?
Yes. The state cannot begin recovery efforts during the life of a surviving spouse, or while a surviving child is under age 21, or blind or disabled. This means, for example, that the state will not place an estate recovery lien against a home or other real property in a deceased recipient's estate while the recipient's spouse is living or while there is a child of the recipient who is under 21 or blind or disabled.
Can estate recovery every be waived?
The state may waive estate recovery (that is, it may agree not to recover) when it would cause an undue hardship on an heir. The waiver is limited to the period for which the hardship exists. Undue hardship is considered to exist when:
the property subject to recovery is the sole income-producing asset of one of the heirs whose income is low; or
recovery would result in impoverishment of one or more of the heirs; or
recovery would deprive an heir of shelter when the heir lacks the financial means necessary to obtain and maintain alternative shelter.
If an heir requests that the state waive recovery due to hardship, and the state denies the request, that decision may be appealed. The state's decision should explain how to appeal.
It's not as bad as I thought. If a person is using medicaid and has no family or heirs it appears as though the state has the rights to that person's property. At least that's the way it appears...
I am still mad that this could happen though. People shouldn't be required to have lawyers.