[WSBAPT] OFR lien recovery

[Heather de Vrieze]

Your conclusion is correct. The OFR lien is limited to the value of the estate. If the kids aren't getting other estate assets, they have no obligation for estate debts, including the mortgage and OFR lien.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image003.jpg at 01D59FB1.B36005A0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mike Winslow
Sent: Wednesday, November 20, 2019 2:33 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
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<mailto:Mike at winslegal.com>

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