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

Thu Apr 16 12:17:00 PDT 2020

An Update to the group:

As Jane indicated, DSHS auto-sends out the questionnaire *and* assigns a 
'caseworker' internally-- even if they have records that no services 
were ever provided to the deceased.

So, if on one of your probates, you receive the questionnaire and you 
think it was in error, just contact them to confirm and there will be no 
need to return the document.

Best to All. Stay Safe!

_Mark

On 2020-04-16 08:54, Jane Bitz wrote:
> 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
> 
> 
> THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY
> THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION.  Any
> review, use, distribution or disclosure by others is strictly
> prohibited.  If you have received this electronic mail in error,
> PLEASE NOTIFY ME BY E-MAIL, FAX OR TELEPHONE and PROMPTLY DELETE this
> electronic mail.  This mail cannot be modified without express written
> consent of Wolff, Hislop & Crockett, PLLC.  Thank You.
> 
> -----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
> 
> 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
> 
> 
> ***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