Reference Source

Massachusetts

For Massachusetts, what counts as the estate is ''estate'' shall mean all real and personal property and other assets includable in the decedent's probate estate under the General Laws; survivor protections is Any recovery may be made only after the death of the surviving spouse, if any, and only at a time when the individual has no surviving child who is: (i) under the age of 21; or (ii) an individual who is blind or an individual with a disability; citation is Chapter 118E, Section 31, recorded from its source on 2026-08-31.

State
Massachusetts our reading
What counts as the estate
''estate'' shall mean all real and personal property and other assets includable in the decedent's probate estate under the General Laws. verified
Survivor protections
Any recovery may be made only after the death of the surviving spouse, if any, and only at a time when the individual has no surviving child who is: (i) under the age of 21; or (ii) an individual who is blind or an individual with a disability. verified
Citation
Chapter 118E, Section 31 our reading
Sourcemalegislature.gov
Verified
Review by
DatasetMedicaid Estate Recovery Rules by State

Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.

What the source says

(b1/2) This subsection shall apply to estates of individuals dying on or after August 1, 2024. There shall be no adjustments or recovery of medical assistance correctly paid except for recovery from the estate of an individual who was: (i) regardless of age, a resident in a nursing facility or other medical institution within the meaning of 42 U.S.C. 1396p(a)(1)(B)(i) when the individual received such assistance; provided, however, that recovery of such assistance shall be limited to assistance provided on or after March 22, 1991; or (ii) 55 years of age or older when the individual received such assistance, where such assistance was for services provided on or after October 1, 1993, but only for medical assistance consisting of nursing facility services, home and community-based services and related hospital and prescription drug services for which estate recovery is mandated under 42 U.S.C. 1396p(b)(1)(B)(i) or other federal law.

malegislature.gov, retrieved 2026-08-31

Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

What counts as the estate

(c) For purposes of this section, ''estate'' shall mean all real and personal property and other assets includable in the decedent's probate estate under the General Laws.

Survivor protections

Any recovery may be made only after the death of the surviving spouse, if any, and only at a time when the individual has no surviving child who is: (i) under the age of 21; or (ii) an individual who is blind or an individual with a disability.

— all from malegislature.gov, retrieved 2026-08-31

Source

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