Reference Source

Wisconsin

For Wisconsin, what counts as the estate is “Property of a decedent” means all real and personal property to which the recipient held any legal title or in which the recipient had any legal interest immediately before death, to the extent of that title or interest, including assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common, survivorship, life estate, revocable trust, or any other arrangement, excluding an irrevocable trust; survivor protections is A claim under par. (a) is not allowable if the decedent has a surviving child who is under age 21 or disabled or a surviving spouse; citation is Wis. Stat. § 49.496, recorded from its source on 2026-08-31.

State
Wisconsin our reading
What counts as the estate
“Property of a decedent” means all real and personal property to which the recipient held any legal title or in which the recipient had any legal interest immediately before death, to the extent of that title or interest, including assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common, survivorship, life estate, revocable trust, or any other arrangement, excluding an irrevocable trust. verified
Survivor protections
A claim under par. (a) is not allowable if the decedent has a surviving child who is under age 21 or disabled or a surviving spouse. verified
Citation
Wis. Stat. § 49.496 our reading
Sourcedocs.legis.wisconsin.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

(3) Recovery from estates. 49.496(3)(a) (a) Except as provided in par. (b) , the department shall file a claim against the estate of a recipient, and against the estate of a nonrecipient surviving spouse, for all of the following, subject to the exclusion of any amounts under the Long-Term Care Partnership Program established under s. 49.45 (31) , unless already recovered by the department under this section:

docs.legis.wisconsin.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

49.496(1)(cm) (cm) “Property of a decedent” means all real and personal property to which the recipient held any legal title or in which the recipient had any legal interest immediately before death, to the extent of that title or interest, including assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common, survivorship, life estate, revocable trust, or any other arrangement, excluding an irrevocable trust.

Survivor protections

49.496(3)(b) (b) A claim under par. (a) is not allowable if the decedent has a surviving child who is under age 21 or disabled or a surviving spouse.

— all from docs.legis.wisconsin.gov, retrieved 2026-08-31

Source

Last verified against source: . Due for re-check by . This page as Markdown · OKF bundle · full dataset as JSON.