[WSBAPT] Finding a CIR- Meretricious Relationship for a decedent?

[Heather deVrieze]

If they are both on title, I think the starting position is 50-50 ownership, and the lien cannot exceed the ownership interest of the Medicaid recipient. If you want to argue something other than 50-50, it might get more complicated. Though you say both are deceased, you don’t indicate who died first, and what the disposition of that estate should have been. If well partner died first, bequeathing property to Medicaid partner, maybe a lien on 100% of the value is appropriate.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Michael Atkins
Sent: Tuesday, January 17, 2017 3:55 PM
To: PROBATE -REAL PROP SECTION <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Finding a CIR- Meretricious Relationship for a decedent?

All:
How does probate assign DSHS lien on real property for one party (H) of a 20+ year CIR ?  Parties are both deceased. They took out a marriage license years ago and they are listed on real property as H&W but no record of a marriage license being recorded.
So without marriage license being recorded, there were two probates opened and the PR for W does not want to share in lien for H health care.
Anyone know of a case dealing with this or like to take a shot at how the court might decide ?
Thanks
Mike

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