[WSBAPT] To probate or not to probate

Diane J. Kiepe DJKiepe at depdslaw.com
Tue Aug 11 13:10:01 PDT 2020


Believe it or not, I just would call in the past and I usually (somehow but it’s been awhile) had the case manager’s name, which led me to the extension, which led me to that person.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Tuesday, August 11, 2020 12:49 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] To probate or not to probate

I’ve got one of these with a limited assets and an unkown Medicaid lien. Client has received the Estate REcovery Questionaire, so I have the client ID # and I have the Social.  Diane, Where do you send the request for the amount of the Medicaid claim?  The decedent on this one was under 60.

Josh

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Diane J. Kiepe
Sent: Tuesday, August 11, 2020 12:27 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] To probate or not to probate

I have found DSHS very forthcoming when I have the social security of the decedent but times are changing so I am not sure if they are still that way.  I have gotten lien information with just the social in years past.

Regarding probate where lien is larger DSHS will negotiate with a PR.  I have had it done in 2 estates I have been involved in.

Thanks,

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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 Jon Fritzler
Sent: Tuesday, August 11, 2020 11:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] To probate or not to probate

Where a decedent was receiving Medicaid, is it possible for a next of kin to find out the amount of the claim that the state will have against the decedent’s estate before opening a probate?  Or is that information that the state will only provide to the personal representative?

Where the amount of the Medicaid claim exceeds the value of the decedent’s assets, do you advise a prospective personal representative/heir that if they choose to probate the estate they will receive only a reasonable personal representative’s fee?  Or is it possible to negotiate with estate recovery for something more?

Sincerely,
Jon M. Fritzler
Attorney at Law
PO Box 61451
Vancouver, WA 98666
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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