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

[Jane Bitz]

DSHS sends out the estate recovery questionnaire to every person's estate that had a client ID with them prior to death. A client ID is assigned as soon as the application is received by DSHS. 

All estates are required to send a Notice to Creditors to the Office of Financial Recovery. Instead of completing the Estate Recovery form, I would send a Notice to Creditors instead. If there is a recoverable amount from the decedent's estate, OFR will file a lien.

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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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John J. Sullivan, Esq.
Sent: Wednesday, April 15, 2020 1:37 PM
To: mark at harbingerandassociates.com; 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] DSHS 'inventory-lite' Estate Recovery questionnaire

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

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