[WSBAPT] negotiation Medicaid/DSHS lien

[Marilyn J Kliman Law]

Also in need of some guidance on this issue 
 Is a Medicaid lien an
exception to the order of payment of debts per RCW 11.76.110?  That is,
wouldn’t reasonable PR fees and legal fees to administer the estate be paid
first (as well as funeral expenses, last medical expenses and wages owing
for labor) before DSHS?  I have a case like this now and had been operating
under the assumption that I would be negotiating with DSHS in hopes of
leaving something for the heir from the proceeds of the house sale AFTER
these other expenses.

 

Thanks.

 

Marilyn J. Kliman, Attorney at Law

Marilyn J. Kliman Law, PLLC

510 Bell Street

Edmonds, WA 98020

206.499.0993

Marilyn at MarilynJKlimanLaw.com

www.MarilynJKlimanLaw.com <http://www.marilynjklimanlaw.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: Tuesday, January 17, 2017 10:59 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] negotiation Medicaid/DSHS lien

 

It is not so much as a negotiation but a policy.  They often allow 10% to
heirs as well as a reasonable PR fees and legal fees to probate and sell the
house.

 

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 Rob Wilson-Hoss
Sent: Tuesday, January 17, 2017 10:50 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] negotiation Medicaid/DSHS lien

 

I am going to expose my ignorance. I don't have much experience negotiating
DSHS reimbursement claims against an Estate arising out of Medicaid payments
on behalf of the decedent. Forced sale of real property will either not
yield enough, or virtually exhaust assets of estate. Does DSHS negotiate
these, and if so, any thoughts?

 

Thanks.

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

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