Your state's pack. New issue every Monday. Bookmark it. I built this for the Montana T&E solo who knows Title 72 cold but still loses an afternoon a week tracking the moving Medicaid pieces — especially the expanded-recovery exposure that follows TOD deeds and joint tenancy.
For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.
Three developments I think actually matter to a Montana T&E solo. Each has a read that lands on your practice specifically — and each comes with a reachable citation so you can verify it yourself before you use it with a client.
Under § 53-6-167, MCA, DPHHS may present a claim against property the recipient transferred by distribution or survival — reaching TOD deeds, joint tenancy and POD accounts — without opening probate.
This is the structural fact a Montana Medicaid plan is built around. A bare TOD deed (§ 72-6-415) does not defeat recovery; only an irrevocable structure or completed transfer outside the look-back does.
Mont. Code Ann. § 53-6-167 · archive.legmt.gov
Montana adopted the Uniform Real Property Transfer on Death Act; the optional statutory form is at § 72-6-415, MCA, and must be recorded before death.
Useful for avoiding probate, but the asset stays countable for eligibility and reachable for recovery. Flag the gap so the client does not mistake one for the other.
Mont. Code Ann. § 72-6-415 · mca.legmt.gov
Maximum CSRA is $162,660 (minimum $32,532); Montana applies the $752,000 home-equity limit (not the higher tier).
Two places this lands: community-spouse protection math and high-value-home clients. Flag the OBBBA flat $1,000,000 cap (eff. Jan 1, 2028) now.
42 U.S.C. § 1396p · CMS 2026 Standards (medicaid.gov)
This week in Montana for the T&E solo with Medicaid-planning clients: what the State Bar of Montana, DPHHS Senior & Long Term Care, and CMS put in front of you.
The State Bar CLE calendar, the DPHHS bulletins, and the federal standards all publish on different schedules. This is that sift, already done, with the link on each item.