[WSBAPT] Medicaid issue in probate

Fri Jan 23 11:04:25 PST 2015

DSHS considers the inheritance as an available resource that the Medicaid client turn away through the disclaimer procedure. Is the money small enough that the Medicaid client can spend it on something under the Medicaid rules in the same month he or she receives the inheritance? If the ill person is not on Medicaid yet, does the ill person expect to go on Medicaid within the next 5 years? Is there a possibility the PR can place the inheritance in a special needs trust? You might want to look at the Riddell case. 138 Wn.App. 485 (Wash. App. Div. 2 2007) 

Very truly yours, 
Maureen A. Wickert, Attorney at Law 

       WICKERT LAW OFFICE 

14900 Interurban Avenue South, Ste 255 
        Tukwila, WA 98168 
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     www.wickertlawoffice.com 
       wickertlaw at comcast.net 

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

From: "Tom J. Westbrook" <tjw at w3net.net> 
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com> 
Sent: Friday, January 23, 2015 7:12:42 AM 
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 

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 

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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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