[WSBAPT] Probate and child support DSHS lien

Mon Oct 7 15:13:38 PDT 2019

I agree, in my case an heir to the estate had back child support due for 4 of her 6 children that had been removed from her care by the State. In my case they contacted me, but also filed warrants with demands for payment in the Estate file for the 4 children's cases. The Department worker assigned to the case worked with the PR because the estate was not able to pay the share of the heir until the home sold. The Department reviewed the distribution accounting to see how much the heir was entitled to which was less than the back child support owed.
Jane.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Vallley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Monday, October 7, 2019 2:52 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Probate and child support DSHS lien

I have dealt with this issue and my take is yes.
First, you have written to DSHS as part of the Estate pursuant to statute.
Second, DSHS sends a Notice of Lien.  You are obligated to pay once on notice.

I asked for a legal opinion on the matter from DSHS and received it, in writing.  If you would like a copy, please email me privately.

In my estate, I was glad to pay it as the estate was for the death of a minor child from the OSO landslide and the father had never paid child support.
Then, the father was going to receive monies from wrongful death/survival claims, sharing with the mother of the minor.
I paid the DSHS lien for child support first, then distributed the monies so the mother did receive back child support.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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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 Philip N. Jones
Sent: Monday, October 7, 2019 2:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Probate and child support

One of my colleagues has asked that I post the following question:

I have a WA probate with a beneficiary who owes back child support.  I received a call from the WA Division of Child Support inquiring whether the estate has been distributed to the beneficiaries.  At this point it has not.  Has anyone dealt with this issue and whether I owe any duty to the Child Support Division before I can distribute the estate to the beneficiaries?

Thanks,
Phil Jones
Portland. OR

Philip N. Jones |Duffy Kekel LLP
900 S.W. Fifth Ave., Suite 2500, Portland OR 97204
(503) 226-1371 (main)| (503) 226-3574 (fax)
pjones at duffykekel.com<mailto:pjones at duffykekel.com>

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