Minnesota Minnesota

MA Estate Recovery Manual

MA Estate Recovery Manual

Other Ways to Recover MA Funds

II. Transfer-on-death deeds (TODDs)

A transfer-on-death deed (TODD) allows for the transfer of title of real property to a named beneficiary at the death of the owner, or the last to die of multiple owners. Much like with a determination-of-descent proceeding, transfer of title is not allowed unless sale proceeds are made subject to a proper MA claim (or a statement that there is no MA claim) described in a Medical Assistance Clearance Certificate for a Transfer on Death Deed (DHS-5893A).

You, or any person claiming an interest in the real property, may petition the district court for an order determining the validity of the Medical Assistance (MA) claim and allowing sale of the real property for the recovery of MA benefits received. The net sale proceeds from such a sale must be used to pay the MA claim if the claim is determined valid.

A. The application for a certificate of clearance

When the grantor owner of a TODD dies, the beneficiary of the TODD (the person receiving the property), or the beneficiary’s attorney or agent, may request clearance of MA claims against the TODD grantor owner or the owner’s deceased spouse. To do this, the beneficiary, or the beneficiary’s attorney or agent, must complete and send to the county a Transfer on Death Deed Application for a Medical Assistance Clearance Certificate (DHS-5893).

The application must include all the following:

  • · the name, date of birth and Social Security number of the deceased grantor owner and any deceased spouse
  • · the legal description of each parcel of property covered under the certificate of clearance
  • · the names and addresses of the beneficiaries, attorney or agent

    • B. How to process a certificate of clearance for MA claims on TODDs

    Upon receiving an application for a certificate of clearance, you must first determine whether an MA claim exists. If one does, identify the county of financial responsibility. If you are the county of financial responsibility, process the certificate. If another county is financially responsible for the MA member, forward the certificate to that county. However, if there is no MA claim, you must process the certificate of clearance even if you are not the county of financial responsibility.

    You must mail a completed clearance within 15 working days after receiving the application. See Minnesota Statutes, section 525.313, paragraph (c).

    To process a certificate of clearance, order an MA claims-payment history and follow these steps.

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