DHS 108.02(11)(a)(a) The department may make adjustments to and settle estate claims and liens filed under s. 49.496 or 49.849, Stats., and s. 46.27 (7g), 2017 Stats., to obtain the fullest amount practicable. DHS 108.02(11)(b)(b) The department shall take a lien in full or partial settlement of an estate claim against the portion of an estate that is a home if either of the following apply: DHS 108.02(11)(b)1.1. A child of the recipient or client, regardless of age, resides in the decedent’s home and that child resided in the home for at least 24 months before: DHS 108.02(11)(b)1.a.a. The date the recipient was admitted to a nursing home, the expenses for which are subject to recovery under sub. (10) (a), and that child provided care to the recipient that delayed the recipient’s admission to the nursing home; DHS 108.02(11)(b)1.b.b. The date the recipient was admitted to a hospital, the expenses of which are subject to recovery under sub. (10) (b), and that child provided care to the recipient that delayed the recipient’s admission to the hospital; or DHS 108.02(11)(b)1.c.c. The date the recipient or client began receiving services which are subject to recovery under sub. (10) (c) 3. or (d), and that child provided care to the recipient or client that delayed the recipient’s or client’s receipt of the services. DHS 108.02(11)(b)2.2. A sibling of the recipient or client resides in the decedent’s home and that sibling resided in the home for at least 12 months before: DHS 108.02(11)(b)2.a.a. The date the recipient was admitted to a nursing home, the expenses for which are subject to recovery under sub. (10) (a); DHS 108.02(11)(b)2.b.b. The date the recipient was admitted to a hospital, the expenses for which are subject to recovery under sub. (10) (b); or DHS 108.02(11)(c)(c) Except as provided in par. (d), the lien shall be payable upon the death of the child or sibling or upon the transfer of the property, whichever comes first. DHS 108.02(11)(d)(d) If the child or sibling sells the home against which the department has taken a lien under par. (b) and uses the proceeds of that sale to buy another home which will be used as the child’s or sibling’s primary residence, then the following apply: DHS 108.02(11)(d)1.1. If the amount of the child’s or sibling’s payment for or down payment on the second home is equivalent to or greater than the amount received as the proceeds from the sale of the first home, the department shall transfer the lien to the second home. DHS 108.02(11)(d)2.2. If the amount of the child’s or sibling’s payment for or down payment on the second home is less than the amount received as the proceeds from the sale of the first home, the department may recover the amount of the lien to the extent that the proceeds from the sale of the first home exceed the amount of the child’s or sibling’s payment or down payment on the second home. The department shall transfer any remaining portion of the lien to the second home. DHS 108.02(12)(a)1.1. “Beneficiary” means any person nominated in a will to receive an interest in property other than in a fiduciary capacity. DHS 108.02(12)(a)2.2. “Decedent” means a deceased recipient or the deceased surviving spouse of a recipient who received benefits that are subject to recovery under s. 49.496 or 49.849, Stats., and s. 46.27 (7g), 2017 Stats. DHS 108.02(12)(a)3.3. “Heir” means any person who is entitled under the statutes of intestate succession, ch. 852, Stats., to an interest in property of a decedent. DHS 108.02(12)(a)4.4. “Recipient” means a person who received services funded by medical assistance or the long-term community support program under s. 46.27 (7), 2017 Stats. DHS 108.02(12)(a)5.5. “Waiver applicant” means a beneficiary or heir of a decedent who requests the department to waive an estate claim filed by the department pursuant to s. 49.496 or 49.849, Stats, and s. 46.27 (7g), 2017 Stats. DHS 108.02(12)(b)1.1. A beneficiary or heir of a decedent may apply to the department for a waiver of an estate claim filed by the department. The department shall review an application for a waiver under this subsection and shall determine whether the applicant meets the criterion under subd. 2. a., b. or c. If the department determines that the criterion under subd. 2. a., b. or c. is met, the department shall waive its claim as to that applicant. DHS 108.02(12)(b)2.2. Any of the following situations constitutes an undue hardship on the waiver applicant: DHS 108.02(12)(b)2.a.a. The waiver applicant would become or remain eligible for supplemental security income (SSI), food stamps under 7 USC 2011 to 2029, or medical assistance if the department pursued its claim. DHS 108.02(12)(b)2.b.b. A decedent’s real property is used as part of the waiver applicant’s business, which may be a working farm, and recovery by the department would affect the property and would result in the waiver applicant losing his or her means of livelihood. DHS 108.02(12)(b)2.c.c. The waiver applicant is receiving general relief, relief to needy Indian persons or veterans benefits based on need under s. 45.40 (1m), Stats. DHS 108.02(12)(c)1.1. The department shall provide written notice of the hardship waiver provisions to the person handling the decedent’s estate, if that person can be ascertained from the probate information provided to the department, or, if that person cannot be ascertained, the department shall include the notice with the copy of the claim it files with the probate court.