CHAPTER 21. RECOVERY FROM THE ESTATE OF A RECIPIENT OF AGED ASSISTANCE
IC 12-14-21
Chapter 21. Recovery From the Estate of a Recipient of Aged
Assistance
IC 12-14-21-1
Filing of claims
Sec. 1. Upon the death of an individual who is a recipient of aged
assistance under this article, the county office shall file a claim
against the individual's estate for recovery of all assistance paid to or
on behalf of the individual by a county or state on or after May 1,
1947.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.97;
P.L.5-1993, SEC.110.
IC 12-14-21-2
Claims on behalf of assistance providers
Sec. 2. A claim filed under this chapter is on behalf of the division
and a county office that has paid assistance to the recipient.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.98;
P.L.5-1993, SEC.111.
IC 12-14-21-3
Priority
Sec. 3. Notwithstanding any other law, a claim filed for recovery
of aged assistance has priority in order of payment from the estate
over all other claims, except the following:
(1) Prior recorded encumbrances.
(2) Taxes.
(3) Reasonable costs of administration.
(4) Funeral expenses in an amount not to exceed five hundred
fifty dollars ($550). However, this amount is zero (0) if the
decedent has prepaid funeral expenses that were excluded as a
resource for Medicaid eligibility under IC 12-15-2.
As added by P.L.2-1992, SEC.8. Amended by P.L.118-1997, SEC.5.
IC 12-14-21-4
Real property occupied by surviving spouse
Sec. 4. (a) If the real property of a deceased recipient is occupied
by a surviving spouse, the division may not assert the division's lien
or claim during the lifetime of the surviving spouse unless other
claimants or persons have opened an estate and are attempting to
enforce claims.
(b) If other claimants or persons have opened an estate and are
attempting to enforce claims, the division shall file and assert the
claim for recovery of old age assistance.
As added by P.L.2-1992, SEC.8.