[WSBAPT] WA TEFRA Lien filed against real property in guardianship proceeding

[Heather deVrieze]

David,

I’m not quite sure what you mean when you say “getting DSHS to back off”. Tefra liens have been around and utilized by the Department for many years. If the property needs to be sold the department will release the lien. It is not enforced unless proper post death procedure is followed (ie filing of creditor claim in probate) when there is not a surviving spouse or minor or disabled child then surviving. They aren’t trying to enforce their lien now, are they?

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Kazemba
Sent: Wednesday, May 06, 2015 3:50 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] WA TEFRA Lien filed against real property in guardianship proceeding

Listmates:

Has anyone had success in getting Washington State to back off after filing a TEFRA liens against real property?  Guardianship estate, and DSHS filed a TEFRA lien against real property.  42 USC Sec. 1396p and RCW 43.20B.080 both call for procedural due process before imposing the lien (or else it’s a taking…).  The guardian didn’t know about this and the I imagine the notice of lien was sent to the incapacitated person.

This seems so wrong to me, any suggestions?
All guidance is appreciated.

Best,

David

David Kazemba
Davitt Law Group, PLLC
330 King Street Suite 4
Wenatchee, WA 98801
(509) 888-2925<tel:%28509%29%20888-2925> - tel.
(509) 888-2926<tel:%28509%29%20888-2926> -fax
david at davittlaw.com<mailto:david at davittlaw.com>
www.davittlaw.com<http://www.davittlaw.com/>


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