[WSBAPT] estate recovery liens

[Roger Hawkes]

Thanks, John.  The WAC does not have a condition stated that the 'spouse or child under 20 or disabled' has to live in the property; is that condition stated elsewhere?

Roger Hawkes, WSBA # 5173

Sultan Office:      423 Main (physical office)
                                 Box 351, Sultan, WA 98294 (incoming mail)
                                 Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
Sent: Monday, August 9, 2021 9:12 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] estate recovery liens

See RCW 43:20B  and WAC 182-527-2738
generally the liens are good for 20 years, but the agency will not enforce when there is a surviving spouse

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Diane J. Kiepe
Sent: Sunday, August 08, 2021 11:00 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] estate recovery liens

Shannon,

I hesitate to respond but since I haven't seen an answer will tell you my off the cuff understanding.  Medicaid recovery liens attach to and run with the real property.  As such, these are a cloud on title and don't expire.  This is a difference between a claim from the DSHS and the actual Lien.

I will say thought that DSHS has to take steps before filing the lien - you should confirm notice was provided and offer for an administrative hearing.  If they cannot show they did their steps, I would argue the lien should be voided (at least start there).  Also, you may want to shat with others on experiences reducing liens.  If the property has a lot of equity, that may be unlikely but I have heard that DSHS is very  open to working with people.

I hope you get a few more responses - I'd look forward to reading them as well.

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 Shannon Jones
Sent: Friday, July 30, 2021 9:16 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] estate recovery liens

Do estate Medicaid recovery liens ever expire? Spouse died in 2005 and within 2 years of her death the State filed a lien against her home. Surviving spouse continued to live there until she died in Sept of 2017. On her death, her only child inherited the home and was deeded the home. No one seems to have been aware of the lien. Revenue agent is now seeking to collect on the 2005 lien -Shannon

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Shannon R. Jones | Attorney
Campbell Barnett PLLC
P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>
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