[WSBAPT] Medicaid issue in probate

[Roger Hawkes]

I am pretty certain the answer is yes; but  the practical effect may work.  If title is never taken there is no practical lien, although the law would say inheritor owned it moment of death.

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000
Fax is 206 367 4005

From: Tom J. Westbrook [mailto:tjw at w3net.net]
Sent: Friday, January 23, 2015 7:13 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Medicaid issue in probate

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

[cid:image001.jpg at 01CFC835.0D3988D0]

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<mailto: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> [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

NOTICES:
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From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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