[WSBAPT] Clearing title on sale with Transfer on Death Deed

[Nicholas Pleasants]

Thanks for the quick responses. To clarify, no Medicaid services were rendered, and there is no lien. Whenever you go to sell a decedent’s property, the Title Report usually has an exception for potential Medicaid lien for services provided to decedent. In my usual course of business, I would write back a letter that Notice to Creditors was sent to DSHS pursuant to RCW 11.40.020(1)(d) and no probate claim was filed. However, since there is no probate, there was no notice to DSHS.
I know that when there is a lien, I can call DSHS / Office of Financial Recovery and get a payoff amount. So I’ll try calling and see if they’ll give me a statement of no lien. I was just curious if others had dealt with this particular exception to title insurance in a non-probate situation, whether because title was vested using TODD, JTWROS, Community Property Agreement, etc.

Nicholas Pleasants
James Pleasants, P.C.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel.
(425) 497-0799 fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Thursday, May 16, 2019 5:04 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Clearing title on sale with Transfer on Death Deed

Nicholas,

I may be misunderstanding your question but the Transfer on Death deed does vest title immediately, just subject to the lien.  The sale can happen but the beneficiary just needs to have the lien paid out of the closing proceeds.  The state is very willing to work with a Sellor in that regards.

Best of luck,

Diane J. Kiepe

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>
Sent: Thursday, May 16, 2019 4:55 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Clearing title on sale with Transfer on Death Deed

So don't know but does the State (DSHS) manage this program and if yes, you can get a letter pretty quick from them as to if any amounts are owed, right?

[cid:image001.png at 01D50C0D.B300CD20]

-------- Original Message --------
Subject: [WSBAPT] Clearing title on sale with Transfer on Death Deed
From: Nicholas Pleasants <nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>>
Date: Thu, May 16, 2019 4:30 pm
To: "wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Transfer on Death Deeds have been around for a few years now, but this is my first time assisting a client with selling the residence after the grantor died. Title Report has an exception for potential Medicaid lien on grantor’s estate. Any suggestion how I can go about clearing that? Title Company had suggested a Lack of Probate affidavit, but that seems like overkill. I’m slightly disappointed that the Transfer on Death does not seem to vest title quite so automatically. Thanks for any help.

Best,
Nick

Nicholas Pleasants
James Pleasants, P.C.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel.
(425) 497-0799 fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
The information contained in this e-mail message may be privileged and is confidential information intended only for the use of the recipient, or any employee or agent responsible to deliver it to the intended recipient. Any unauthorized use, distribution or copying of this information is strictly prohibited and may be unlawful.
If you have received this communication in error, please notify the sender immediately and destroy the original message and all attachments from your electronic files.

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