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

[Roger Hawkes]

Partition action can be expensive; I think odds are good for a reasonable settlement the way it sits now.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Bruce Moen
Sent: Friday, January 15, 2021 1:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Representation re DSHS lien in decedent's estate?

Jane,

Good thoughts and thanks for a helpful reply.

Since my client's estate is insolvent with DSHA being the sole creditor, do you think that that I can close the estate by distributing the decedent's one-third interest to DSHS?  With notice to DSHS of course.  My goal would be to take the issue outside of the probate.  If DSHS wanted to collect, they would then need an action to partition in a civil action where the odds might be better for settlement/ judicial relief the two-thirds interest.

  -Bruce

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 Jane Bitz
Sent: Friday, January 15, 2021 1:10 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Representation re DSHS lien in decedent's estate?

Bruce & Jeannie:

These potential clients need to consult with an Elder Law attorney who is familiar with the Medicaid lien law and how to settle with the Office of Financial Recovery. I recommend searching on the Washington Academy of Elder Law Attorneys website:  waela.org/find-a-lawyer for someone on the West side to assist your clients.

The lien cannot be enforced against a surviving spouse when they are inheriting from the obligor spouse. If the home is going to be sold the surviving spouse should ask for the lien to be removed prior to closing. They should also file the proper affidavit of lack of probate and the spouse's death certificate with the auditor to claim that share, if they are going to continue residing there.

Ordinarily, OFR files its lien and that is the last that the families hear from them. The State just waits until the property changes hands in a sale and collects the lien from closing. I recommend that clients carefully document the ownership shares in the property and get an appraisal to show the market value at date of death. They should also document any mortgage debt on the property at the date of death and if the decedent was the obligor or co-obligor on the mortgage. If the other owners pay for any post death expenses: medical bills, funerals, burials, cremations, they should also keep records of those expenditures. Then they can then reduce the lien value to the actual value of the decedent's share of the property at the time of sale, possibly years later. Without documentation at the time of death, it is often hard to come up with the information later.

Jane.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

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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 Bruce Moen
Sent: Friday, January 15, 2021 12:45 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Representation re DSHS lien in decedent's estate?

Hi Jeannie,

Let me know if you find someone and I'll do the same.

Maybe one lawyer could take both cases.

  -Bruce Moen

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 Jeannie OBrien
Sent: Friday, January 15, 2021 11:37 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Representation re DSHS lien in decedent's estate?

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<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.selanderobrien.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=QdyRUSI4IjN8jHONJV63CB7QV6AxGix1TpuYc8c6Rww&m=-vl_Tl6yNE8uGgUTWvmkF-9q6wCO3jFWujCkVlsR0qs&s=zBWpbR15E0-R4T3EpVlxKOw-O-bxI_CDYq42UHPV7aM&e=>
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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 Bruce Moen
Sent: Friday, January 15, 2021 9:06 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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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