[WSBAPT] DSHS Claim

[delp at whidbey.net]

Hi Paul: I had a  similar case a number of years ago.  At that time, DSHS routinely settled such claims for 80% of the value of the estate after the costs of administration, so that the remaining 20% of the estate could be distributed to estate beneficiaries.  I do not recall DSHS filing a lien on the house, but rather they filed a creditor’s claim in the probate.  I worked directly with the DSHS financial claims agent to reach a settlement, which was then approved by court order. I am happy to talk to you about the process.  Give me a call tomorrow or Wednesday.

Regards,
Margaret

 

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Law Office of Margaret Delp

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Grant
Sent: Monday, August 20, 2018 2:26 PM
To: Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
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 <http://www.planningwithpurposeinc.com> 

Estate Planning. Business Planning. Wealth Succession.

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