[WSBAPT] DSHS Lien Recorded in Wrong County

[Mike Jacobs]

I would appreciate any thoughts on the following:

Spouse receives assistance for which DSHS is entitled to reimbursement.  Spouse dies in 2012 and DSHS records a lien in Spokane.  Spouse does not own property in Spokane.  Spouse and Surviving Spouse own home in Snohomish and Spouse's name is not removed from title.  In 2018, Surviving Spouse dies and Snohomish property is sold.  DSHS wants their money from the sale of the Snohomish Property based upon the lien recorded in Spokane.

My though is that DSHS did not pursue the recovery within two years of the Spouse's death and the Spokane lien is invalid as to the Snohomish Property.  Therefore, DSHS should not be entitled to payment.

Any suggestions?

Sincerely,

Michael P. Jacobs
Riach Gese Jacobs, PLLC
7331 196th St. SW | PO Box 1067 | Lynnwood, WA 98036
Phone: (425) 776-3191 | Fax: (425) 425-775-0406

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