[WSBAPT] DSHS Lien Recorded in Wrong County

[Roger Hawkes]

Ordinarily the sol would not apply against the state.  Has the state opted in to that limitation?

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Martin Silver
Sent: Thursday, December 13, 2018 12:15 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] DSHS Lien Recorded in Wrong County

my 2 cents for free.  the lien is misfiled but isn't the question whether DSHS perfected its claim by the filing of the lien, albeit in the wrong county?  Isn't that a separate issue from whether a lien filed in Spokane where there is no realty is assertion of a DSHS claim as required by statute.  My guess would be that there are enough trappings attendant on making a claim that filing of a lien where there is no property is not making a claim within the statutory period , so I think you are on the right track.

From: Mike Jacobs<mailto:mikej at riachgese.com>
Sent: Thursday, December 13, 2018 10:58 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] DSHS Lien Recorded in Wrong County

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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