[WSBAPT] medicaid recovery

Sarah McCarthy sarah at kawlawyers.com
Tue Jul 21 19:31:02 PDT 2020


Please reply to the list, I have a nearly identical situation, except no reverse mortgages. I would also be grateful for input.

Sarah

Sent by dictation from my iPhone. Please excuse typos and missing punctuation!

> On Jul 21, 2020, at 6:58 PM, Robert R. Cole <cole-gilday at stanwoodlaw.net> wrote:
> 
> 
> Dad was in a nursing home, paid by medicaid, for a long time, so a substantial bill accrued.  Dad died in 2009.  He and Mom had the house in a 2003 RLT, with Mom the sole beneficiary if he died first.  I assume that DSHS wants recovery from his share, and would get that recovery  if the house was owned by Mom when she died.  If Mom sells to child while alive, would DSHS have a right to the proceeds?  Can Mom intervivos gift to her children the proceeds so they are not in her estate to avoid recovery?  Bonus question:  Children have been loaning funds, after Dad's death,  to Mom for living expenses, with private reverse mortgages.  Would DSHS want those loans to first be applied to Mom's half of the house?
> 
> --Thanks for some assistance. 
>  
> Very Truly Yours,
> Robert R. Cole
> Law Office of Cole & Gilday, P.C.
>  
> 10101 - 270th St. NW
> Stanwood, WA 98292
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