[WSBAPT] Medicaid issue in probate

[Marcus Fry]

I haven't seen it done.  However, the answer would be yes DSHS could because the person on Medicaid now has a vested interest unless for some reason the inheritance was contingent on survival at time of distribution (some Wills/Trusts are drafted that way).  If DSHS pursued, they would likely seek appointment as PR of the Medicaid recipient's estate due to its status as a creditor.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sharon English
Sent: Wednesday, January 21, 2015 1:56 PM
To: wsbapt at lists.wsbarppt.com
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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