[WSBAPT] Apparently insolvent estate

Mon Jul 27 12:49:09 PDT 2015

The decedent’s medical bills were for services incurred between June 2009 and November 2012. As I read the emergency rule, it looks like they are recoverable against the estate.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of J A Cyphers
Sent: Monday, July 27, 2015 12:03 PM
To: Probate List Serve
Subject: Re: [WSBAPT] Apparently insolvent estate

Make sure that your DSHS claim is for recoverable expenses.

I had an estate last year where the decedent was age 59.  He had been on Apple care/Medicaid (the Obamacare expansion of Medicaid) in the year of death solely for medical and hospitalization.

DSHS cannot recover for those medical expenses.  See WSR 14-02-076 Emergency rule.

DSHS filed a creditor claim for $94,000.  It was all medical expenses.  Client was never in a nursing home.

When I questioned it because they were all Medicaid-Apple care expenses, DSHS withdrew the claim and the special notice.

DSHS told me last fall that they were in the process of reprogramming their system to omit those medical items but at that point were still having to reverse them manually.

Jackie Cyphers

Jeannette A. Cyphers, Attorney at Law

P. O. Box 908   

Edmonds, WA 98020-0908

425-776-5887

fax 425-640-0814

jacyphers at gmail.com <mailto:jacyphers at gmail.com> 

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

From: Lovie Bernardi <mailto:lovie at sbfirm.com> 

Date: 7/27/2015 11:52:17 AM

To: WSBA Probate & Trust Listserv <mailto:wsbapt at lists.wsbarppt.com> 

Subject: [WSBAPT] Apparently insolvent estate

Dear listmates,

I recently opened an intestate probate with limited assets that appeared solvent at the time of filing. One asset, part ownership in a tavern (actually shares of stock in the small corporation that owns the tavern), has yet to be valued (we’ve just started negotiations for a buyout by the other owner.) A car is up for sale on Craigslist. When I arrived at the office this morning there was a large envelope from DSHS, a creditor’s claim for $90,000 for medical bills paid out over several years, and a request for special notice. The PR was unaware of this possible claim.

I realize I need to file a Notice of Apparent Insolvency and schedule a hearing, with notice to heirs, unpaid creditors and those requesting special notice.  What can be done in the meantime, pending the hearing? Can the PR sell the car if she receives offers? The special notice statute requires notice of petitions to sell assets of the estate, and under her nonintervention powers would not have petitioned the court for the sale of the car. Can we negotiate the sales price of the tavern and complete the sale?  If anyone has a sample of something they’ve filed, that would be appreciated. Thanks in advance for your help.

Lovie Bernardi

Attorney at Law

Seligmann & Flaherty, PLLC

216 First AVE S, #450

Seattle, WA  98104

(206) 682-2616

lovie at sbfirm.com <mailto:joni at sbfirm.com> 

http://sbfirm.com <http://sbfirm.com/> 

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