[WSBAPT] Medicaid issue in probate

[Maureen Wickert]

The heir's estate would take his share of inheritance from the decedent and DSHS is a creditor of the heir's estate. Since the inheritance is still in the decedent's estate, it may be possible to set up a special needs trust to receive the disabled heir's inheritance rather than the heir directly. 
Very truly yours, 
Maureen A. Wickert, Attorney at Law 
         
       WICKERT LAW OFFICE 

14900 Interurban Avenue South, Ste 255 
        Tukwila, WA 98168 
       Phone: 206-859-5502 
         Fax: 206-260-9005 
     www.wickertlawoffice.com 
       wickertlaw at comcast.net 

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----- Original Message -----

From: "Sharon English" <senglish at ylclaw.com> 
To: wsbapt at lists.wsbarppt.com 
Sent: Wednesday, January 21, 2015 1:56:10 PM 
Subject: [WSBAPT] Medicaid issue in probate 



If a person currently on Medicaid (with absolutely zero assets other than a monthly SS check) is going to receive a sizeable inheritance at some point (i.e. the probate in which he is an heir has been opened for some time, but no assets yet distributed, and no indication as to when assets might be distributed due to pending disputes), and the person on Medicaid dies before any assets have been distributed to him, would the state have the ability to file a claim in the pending probate in which he is an heir?    

  

I have had this question come up recently and already know to advise the person to seek the advice of a Medicaid/elder law expert, but nonetheless would like to give the PC some information if possible.  

  

Sharon English 

Attorney at Law 

YOUNGLOVE & COKER, P.L.L.C. 

1800 Cooper Point Road SW #16 

Olympia, WA 98502 

(360)357.7791 (phone) 

(360)754.9268 (fax) 

  

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