[WSBAPT] OFR lien recovery

[Marcus Fry]

The bar stool advisors should not get paid anything for that advice:)  Children are not liable for their parents' debts unless they guaranteed them or were gifted assets and the gift arises to a fraudulent transfer to avoid creditors.

However, in this instance, no inheritance, no liability to the kids.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Wednesday, November 20, 2019 2:33 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] OFR lien recovery

Client's mom passed away, owning a house. The house does not have enough equity to pay the 1st mortgage lender and the OFR lien.
If First Mortgage lender forecloses, is there any way OFR can make the family pay the debt.
There are no other assets; no non-probate assets delivered directly to the children.

Kids have been told by bar stool advisors that they will have to pay the OFR if the house goes to foreclosure. I know of no reason the kids would have to pay mom's Medicaid debt.
Is there something I don't know?

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

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