[WSBAPT] DSHS Lien Recorded in Wrong County

[Martin Silver]

Isn’t the purpose of the claims statute to give the estate notice and an opportunity to challenge?  How can the filing of a lien against property satisfy the statutory purpose of notifying the estate and giving it an opportunity to challenge?  Even more so, how can a filing in a county where there is no real property provide event the slightest type of constructive notice to an estate in that isn’t the only remedy for the estate to bring an action to quiet title, and how can you do that if there is no property in the county?  Therefore, assuming that Mike is correct and there is a two years’ limitation, is that satisfied by filing a lien, especially a lien in the wrong county?  

From: Mike Jacobs 
Sent: Thursday, December 13, 2018 3:24 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] DSHS Lien Recorded in Wrong County

RCW 43.20B.360 provides

 

“No statutes of limitations shall run against the state of Washington for hospitalization charges: PROVIDED, HOWEVER, That periods of limitations for the filing of creditors' claims against probate and guardianship estates shall apply against such claims.”

 

I think they have to take action within two years, if the lien is not recorded against the property.

 

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 

 

REPRESENTING OUR COMMUNITY SINCE 1959

 

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Thursday, December 13, 2018 3:09 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] DSHS Lien Recorded in Wrong County

 

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 

Sent: Thursday, December 13, 2018 10:58 AM

To: 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 

 

REPRESENTING OUR COMMUNITY SINCE 1959

 

Confidentiality Notice: This e-mail message may contain confidential or privileged information. If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail. Instead, please notify us immediately by replying to this message or telephoning us. Thank you.

 


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