[WSBAPT] creditor SOL

[Eric Nelsen]

Paul--There was discussion about this specifically regarding Medicaid a while back on the listserv. I think I might've even started the conversation. If I remember correctly, a couple of our regular commoners said that they had had no trouble asserting the two-year bar against DSHS for a claim on Medicaid recovery. I think the logic was that even though it was federal money going to the State that was used to pay Medicaid (and the Feds can ignore our S/L), the State process for obtaining reimbursement is subject to the state statutes and therefore is subject to the two-year bar.

However, I would suggest that you look at the applicable WACs and also I think there is a DSHS manual regarding Medicaid recovery process that is available online.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Grant
Sent: Monday, January 23, 2017 4:31 PM
To: Probate & Trust Listserv
Subject: [WSBAPT] creditor SOL

Is the state under the same 2 year rule for creditors if an estate never went to probate but had a piece of property?  Decedent was on medicaid and I'm concerned with the SOL for any state recapture ability.

Thanks,

Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com<http://www.planningwithpurposeinc.com>

Estate Planning. Business Planning. Wealth Succession.
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