[WSBAPT] Representation re DSHS lien in decedent's estate?

Jeannie OBrien jeannie at selanderobrien.com
Fri Jan 15 11:36:30 PST 2021


I have a similar situation with a south Seattle family. There is no lien filed (no probate), but the decedent's son received the DSHS questionnaire asking questions, and I don't know how to instruct him on how to answer it.

Decedent is the mother who owns a half interest in the real property. No one knew she was receiving Medicaid benefits. There were no nursing home benefits paid.

Surviving the mother and living in the very small house are two of her sons, a daughter -in-law, and two of her grandchildren. I know that a disabled descendant can have the collection of the lien stayed, but none of the current residents are disabled. And it is a third, non-resident son who is on title. There is also an outstanding mortgage on the property.

Anyone out there that can take a call on this case?

Jeannie O'Brien, Attorney
www.SelanderOBrien.com<http://www.selanderobrien.com/>
3829C South Edmunds Street
Seattle, WA 98118
(206) 723-8200 ofc
(206) 723-3829 fax
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Bruce Moen
Sent: Friday, January 15, 2021 9:06 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Representation re DSHS lien in decedent's estate?

Hello,

I am seeking a lawyer to respond to a DSHS lien on a decedent's interest in a residence.

The basis of the lien were public benefits that the decedent received from the State of Washington.

The decedent owned an undivided one-third interest in a residence with her grandson and spouse.  They owned the remaining two-thirds interest.

The amount of the DSHS lien likely exceeds the value of the one-third interest.

The potential client would be the grandson and spouse.  The goal of the representation is to save the residence from a foreclosure by DSHS.

Anyone interested?

Thanks.

Bruce Moen

____________
Bruce R. Moen
Moen Law Offices PS
601 Union Street, Suite 3232
Seattle, WA 98101-2331
206-441-1156 x2

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