IC 12-14-21
    Chapter 21. Recovery From the Estate of a Recipient of AgedAssistance

IC 12-14-21-1
Filing of claims
    Sec. 1. Upon the death of an individual who is a recipient of agedassistance under this article, the county office shall file a claimagainst the individual's estate for recovery of all assistance paid to oron 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 divisionand 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 recoveryof aged assistance has priority in order of payment from the estateover 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 hundredfifty dollars ($550). However, this amount is zero (0) if thedecedent has prepaid funeral expenses that were excluded as aresource 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 occupiedby a surviving spouse, the division may not assert the division's lienor claim during the lifetime of the surviving spouse unless otherclaimants or persons have opened an estate and are attempting toenforce claims.
    (b) If other claimants or persons have opened an estate and areattempting to enforce claims, the division shall file and assert theclaim for recovery of old age assistance.
As added by P.L.2-1992, SEC.8.