[WSBAPT] OFR lien recovery

[Steve Nicol]

I agree with you.  I know of nothing that would require the family to pay OFR expenses unless there are nonprobate assets or life insurance.  The situation can change the structure of payment.  See In Re Estate of Shoptaw, 54 Wn. 2d 602.


Stephen E. Nicol

Attorney at Law

Nicol Law, PLLC

PO Box 93

Mount Vernon, WA 98273

360-336-5270 (office)

steve at stevenicollaw.com<mailto:steve at stevenicollaw.com>

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________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Mike Winslow <mike at winslegal.com>
Sent: Wednesday, November 20, 2019 10:32 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



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