Montana Title 53. Social Services and Institutions § 53-6-182. Spouse's limited exemption from lien

(1) Subject to Title 70, chapter 32, a recipient's surviving spouse who owns a home or an interest in a home in which the spouse resides that is subject to a lien imposed under 53-6-171 through 53-6-188 is, upon sale, transfer, or exchange of the home, entitled to an exemption from the department's lien in an amount determined in accordance with this section. The exemption is in the form of:

(2) The amount of the exemption is the lesser of an amount equal to:

(3) The department may by rule require a surviving spouse to file an application for the exemption and to provide information, documentation, and verification regarding the applicant's assets and the fair market value of assets. The department shall provide the applicant notice of its determination on the application and of the opportunity for a hearing pursuant to Title 2, chapter 4, part 6.

(4) Upon determination by the department that the applicant is entitled to an exemption, the department shall provide to the applicant an appropriate full or partial release in the amount of the exemption.