[WSBAPT] Medicaid lien

[Heather de Vrieze]

Diane,

The general rule is that the lien is paid at the time of transfer, like any other lien.

One exception is if the Medicaid recipient is still alive. Then the lien would be removed for sale, and if a new home was purchased, the lien could be placed on that home.

Another exception is if there is a surviving spouse. Medicaid cannot enforce the estate recovery while the spouse is alive. If the surviving spouse wants to sell, they will remove the lien.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Thursday, July 02, 2020 3:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Medicaid lien

Can anyone tell me if a Washington Medicaid Lien must be paid at the time of transfer or may it just run with the land to the Grantee?

I know when there is a delay on collection due to hardship there is a prohibition on sale but this is not the case.  However I wonder if there is some other due on transfer requirement I am unaware of.  I hope to look into it some soon but thought I'd throw it out there - thanks in advance for your consideration.

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

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