[WSBAPT] DSHS Claim

[Josh Grant]

Unless a creditor claim is rejected, it must be paid.  
What I have done in the past has been to negotiate a % of the sale price to pay for administrative costs etc.  in the neighborhood of 15% to 20% of the sale price that is paid to DSHS.  If through the negotiation you end up still as a nonintervention estate, then you can pay and close estate.  If you can’t get it down far enough, then you turn it into an intervention estate and the judge says who gets what.  This assumes no lien has been recorded.


Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Paul Grant 
Sent: Monday, August 20, 2018 2:26 PM
To: Probate & Trust Listserv 
Subject: [WSBAPT] DSHS Claim

Does anyone have experience with a high DSHS claim when a primary residence remains?  I have my first case where the probate, after receiving the claim from DSHS, will become insolvent and I am struggling with seeing the picture of steps.  House is worth $380 or so, with a mortgage of $100, but a DSHS claim of over $300...  

I see the priority list of an estate, no problem, but I am amiss at the next step.  ie: DSHS has made a claim so they need to seek a court order to capture the remaining funds of the house proceeds and are treated within the priority of the estate claims?  Or, do they file a claim and they are paid like a secured claim (mortgage) vs unsecured?


If someone has dealt with DSHS before and has 10 min to spare (ya, right) I would greatly appreciate guidance.

Thank you!


Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com

Estate Planning. Business Planning. Wealth Succession.



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