[WSBAPT] DSHS 'inventory-lite' Estate Recovery questionnaire

John J. Sullivan, Esq. sullaw at comcast.net
Wed Apr 15 13:36:35 PDT 2020


Mark:

The only time I've provided an inventory to DSHS was in an insolvent estate
of a decedent who had received long term care financing under Medicaid. 

When you say there was an application for "services" is it possible the
application, if approved, would relate back to a pre-mortem period when the
decedent was in long term care and the estate may be entitled to
reimbursement from DSHS? That's the only purpose I can see for the inventory
request - a proxy for being able to verify the statements in the
application. 

John J. Sullivan

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Mark A. Morenz-Harbinger
Sent: Wednesday, April 15, 2020 11:42 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] DSHS 'inventory-lite' Estate Recovery questionnaire

Hello All,

Acting as atty for the PR.

According to statute, the DOR or any unpaid creditor can of course request
an inventory. But in in our facts, while the deceased *applied* for
medicaid, she never (and DSHS has admitted this) received any services which
should trigger the questionnaire. Therefore DSHS is not an 'unpaid
creditor'.

Nonetheless, because of her application, the questionnaire has been sent to
us.

The questionnaire consists of basic Qs about realty and other property they
deceased owned (and about potential surviving spouse, or dependent children,
none of which applies). I don't want to unnecessarily antagonize the state.
But, at the same time, I am not inclined to volunteer information about the
estate if we don't have to.

Can anyone point me to any authority that obligates us to respond to the
questionnaire?

Thanks!

Best,
_Mark

--
Mark A. Morenz-Harbinger, Attorney-at-Law HARBINGER LAW, PLLC // "See
Success"
Ph: (360) 932-3987 // Fx: 866-501-8913
4040 Wheaton Way, Suite 203, Bremerton, WA 98310-3565
www.harbingerandassociates.com

NOTICE: HARBINGER LAW, PLLC  is a general civil law solo practitioner
serving the Seattle South Sound, Kitsap Peninsula area. This electronic mail
transmission is for the use of the named individual or entity to which it is
directed and may contain information that is privileged or confidential. It
is not to be transmitted to or received by anyone other than the named
addressee (or a person authorized to deliver it to the named addressee). It
is not to be copied or forwarded to any unauthorized persons. If you have
received this electronic mail transmission in error, delete it from your
system without copying or forwarding it, and without opening the
attachment(s), if any, and notify the sender of the error by replying via
email or by calling Mark Harbinger at (513) 364-0119 (collect), so that our
address record can be corrected.

***Disclaimer: Please note that RPPT listserv participation is not
restricted to practicing attorneys and may include non-practicing attorneys,
law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt




More information about the WSBAPT mailing list