[WSBAPT] Surplus Funds Post Foreclosure and DSHS

[Randolph Petgrave]

My understanding of 11.40.051 is that if the claim is not presented within 24 months of death, any creditor (including DSHS) is barred from making a claim.  In my experience, DSHS plays a little fast and loose with its claims.  I had a situation where the only asset of the estate was an interest in a partnership.  The only asset of the partnership was a piece of real property. The estate’s share of the partnership was not sufficient to cover all the costs of administration.  DSHS had a claim against the decedent and just went ahead and slapped a lien on the real property. They removed the lien once I explained the law to them.

Send DSHS a letter explaining the probate claims process and time limitations.  That should do the trick.  You’d think the Attorney General’s Office would educate their clients on these things.

Randy
Petgrave & Petgrave, PLLC
Attorneys at Law
P.O. Box 4142
Seattle, WA 98194-0142
(206) 240-9148

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kokie Adams
Sent: Tuesday, June 19, 2018 10:41 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Surplus Funds Post Foreclosure and DSHS

List Serve Members:

Mom died, house was foreclosed by Bank – surplus funds of $14,000 filed with Clerk.  Heirs petitioned court to receive funds, DSHS objected because money was owed. DSHS has never petitioned to get the funds – it has now been 2 years.  PC would like to Petition again to get the funds, but wonders if there is a statute of limitations on DSHS – doesn’t want to bother if DSHS can come in again and object.

Thanks in advance for any insights.

Kokie Adams
[Adams-Logo-Print-300dpi-900wide]

Office:  425.774.0444 | Fax: 425.771.2711
kokie at adamslawgroupnw.com<mailto:kokie at adamslawgroupnw.com>
www.adamslawgroupnw.com<http://www.adamslawgroupnw.com/>

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