[WSBAPT] Medical assistance lien and surviving spouse

[Jennifer Johnson]

Good morning all,

 

I’d like to have someone check my thinking on a medical assistance issue:

 

In 2011, PC’s mom passed away.  Mom had previously inherited real estate that she and her husband lived in.  Mom owned it as her separate property.

 

In 2012, DSHS sent husband a notice of intent to file lien in the amount of $162,641.37, with the section highlighted that enforcement would be delayed as long as spouse survived.

 

A few days after receiving the notice of intent, husband completed a refinance of the mortgage and transferred the property to himself as his sole property by quit claim deed.  Mom’s estate was not probated.

 

Husband has recently passed away and his heirs found the notice of intent in his paperwork.  They stand to inherit the property and don’t want to probate (naturally).  The amount stated in the lien is more than the current assessed value of the real estate.

 

I’m thinking that the lien needs to be dealt with through probate.  It is my understanding that a homestead exemption is not available in this situation, but that we could try to negotiate with DSHS.

 

Am I missing anything?  

 

Thank you in advance for your guidance,

 

Jennifer

 

Jennifer M. Johnson

Attorney

Hanigan Law Office, PS

PO Box 39 - 68 Main Street

Cathlamet, WA 98612

(360) 795-3494

(360) 795-3001 (f)

 

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