305 ILCS 5/5-13
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article V - Medical Assistance

 (from Ch. 23, par. 5-13)Sec. 5-13. Claim against estate of recipients. To the extent permitted under  the federal Social Security Act, the amount expended under this Article (1) for  a person of any age who is an inpatient in a nursing facility, an intermediate  care facility for persons with intellectual disabilities, or other medical institution, or (2)  for a person aged 55 or more, shall be a claim against the person's  estate or a claim against the estate of the person's spouse,  regardless of the order of death, but no recovery may  be had thereon until after the death of the surviving spouse, if any, and then  only at such time when there is no surviving child who is under age 21, or  blind, or is a child with a permanent total disability. This Section, however, shall not  bar recovery at the death of the person of amounts of medical assistance paid  to or in his behalf to which he was not entitled; provided that such  recovery shall not be enforced against any real estate while it is occupied  as a homestead by the surviving spouse or other dependent, if no claims by  other creditors have been filed against the estate, or if such claims have  been filed, they remain dormant for failure of prosecution or failure of  the claimant to compel administration of the estate for the purpose of  payment.  The term "estate", as used in this Section, with respect to a  deceased person, means all real and personal property and other assets included  within the person's estate, as that term is used in the Probate Act of 1975;  however, in the case of a deceased person who has received (or is entitled to  receive) benefits under a long-term care insurance policy in connection with  which assets or resources are disregarded to the extent that payments are made  or because the deceased person received (or was entitled to receive) benefits  under a long-term care insurance policy, "estate" also includes any  other real and personal property and other assets in which the deceased person  had any legal title or interest at the time of his or her death (to the extent  of that interest), including assets conveyed to a survivor, heir, or assignee  of the deceased person through joint tenancy, tenancy in common, survivorship,  life estate, living trust, or other arrangement. The term "homestead", as used  in this Section, means the dwelling house and contiguous real estate occupied  by a surviving spouse or relative, as defined by the rules and regulations of  the Illinois Department, regardless of the value of the property.A claim arising under this Section against assets conveyed to a survivor,  heir, or assignee of the deceased person through joint tenancy, tenancy in  common, survivorship, life estate, living trust, or other arrangement is not  effective until the claim is recorded or filed in the manner provided for a  notice of lien in Section 3-10.2.  The claim is subject to the same  requirements and conditions to which liens on real property interests are  subject under Sections 3-10.1 through 3-10.10.  A claim arising under this  Section attaches to interests owned or subsequently acquired by the estate of a  recipient or the estate of a recipient's surviving spouse.  The transfer or conveyance of any real or personal property of the estate  as  defined in this Section shall be subject to the fraudulent transfer conditions  that apply to real property in Section 3-11 of this Code.The provisions of this Section shall not affect the validity of claims  against estates for medical assistance provided prior to January 1, 1966 to  aged or blind persons or persons with disabilities receiving aid under Articles V, VII and  VII-A of the 1949 Code.  (Source: P.A. 99-143, eff. 7-27-15.)