Below are multiple videos and resources that were created for the general public, legislators, and attorneys that specialize in probate. This information does not constitute legal advice, and should you have further questions or would like to discuss your rights MassNAELA encourages you to reach out to one of our member attorneys. You can search for one of our members in your area using this link:

Find An Elder Law Attorney

Estate Recovery for MassHealth Members

If you receive MassHealth (the Medicaid program in Massachusetts), the Commonwealth may be able to recover against anything you own, such as a family home when you pass away. MassNAELA recommends that you contact one of our attorneys to provide advice on protecting your family home, or probating a loved one’s estate after they have passed away receiving MassHealth benefits. Click Here to view a MassHealth Notice regarding Estate Recovery.

7-Minute Video addressing the basics about Probate and Estate Recovery

This video was produced by MassNAELA to provide a quick overview of some of the basic information about the Probate process and Estate Recovery. People who are not familiar with the probate process or estate recovery should start by watching this video. Click Here to watch the video.

July 28, 2021 Public Webinar

This presentation offers similar information to the 7-Minute Video, but also discusses some of the legislation proposed to change Estate Recovery in Massachusetts. After the 30 minute presentation, there was an additional 30 minutes for participants to ask Questions to our expert panelists. Click Here to watch the video.

Legislative Materials

Please use the information below to contact your state legislators and let them know that you would like to see changes made to Estate Recovery in Massachusetts.

Bills and Factsheet: Estate Recovery Reform – An Act Protecting the Homes of Seniors and Disabled People on MassHealth
Sponsored by Representative Barber/Senator Comerford H1246S749 (Committee: Health Care Finance)

How to find your legislators: Click Here

Fact Sheet: Click Here

Recorded program for Attorneys that specialize in Elder Law, Estate Planning, and Probate and Estate Administration

If you are an attorney that specialize in Elder Law, Estate Planning, and Probate and Estate Administration contact MassNAELA Executive Director, Clarence Richardson, at for information about a MassNAELA program that was recorded that explains some of the recent regulatory changes to MassHeatlh Estate Recovery. This program covers some of the newly create exceptions to estate recovery and who to access them.

Helpful Links (Click on the descriptions below to view the links.)

Free or low cost legal assistance – Mass. Legal Resource Finder

Click here to find out how to ask MassHealth how much they have paid on your behalf

Information from the Commonwealth of Massachusetts about Estate Recovery

Information from the Massachusetts Court about the Probate Process

Letter from Mecdicaid and CHIP Payment and Access Commission

MACPAC Policy Recommendations