[WSBAPT] Medicaid issue in probate

[Tom J. Westbrook]

Is it an option to disclaim the inheritance? Would that violate the 5
year transfer - look back rule? 

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

 

 

Rodgers, Kee & Card

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

 

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Wednesday, January 21, 2015 2:18 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Medicaid issue in probate

 

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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