[WSBAPT] Negotiating DSHS Lien

[Jeff at bellanddavispllc.com]

Heather,

 

He was hoping to negotiate a price lower than the total value of the house
and pay that amount to DSHS in full satisfaction of its claim; he would like
to keep the house.  However, I doubt DSHS wants to compromise its claim
unless you can argue even if it forecloses its lien, there will be costs of
sale.

 

Jeff

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Heather de Vrieze
Sent: Tuesday, March 23, 2021 4:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Negotiating DSHS Lien

 

Jeff,

 

In no case will the recoverable amount exceed the assets remaining in the
estate. Are you hoping to negotiate to keep the property for the PC, or for
PC to keep some of the proceeds? The costs of the administration can be paid
before DSHS gets paid, but sometimes that needs to be coordinated so escrow
doesn't send the net proceeds to DSHS and can close despite the lien
exceeding the sale price.

 

Heather

 

Heather S. de Vrieze
Attorney-at-Law



3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

 <http://www.westseattlelaw.com/> www.westseattlelaw.com 

Click here to connect with de Vrieze | Carney on Facebook:
<https://www.facebook.com/DeVriezeCarney> 

 

For the latest information regarding firm operations and precautions in
light of the Coronavirus please visit our firm's website:
<http://www.westseattlelaw.com/> www.WestSeattleLaw.com.

 

 

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
privileged and/or confidential information.  If you have received this
e-mail in error, please notify the sender immediately and delete all copies
of this e-mail message and any attachment.

 

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
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Tuesday, March 23, 2021 3:53 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Negotiating DSHS Lien

 

Listmates:

 

PC's mother passed after having been on COPES for the last four years.  DSHS
Estate Recovery is seeking return of over $117,000.  Mom's only asset is a
paid off home worth approximately $70,000.00.  No probate is started.
Question is have any of you had luck in negotiating down on the DSHS claim
(and lien) and if so, where do you start?

 

Jeff Davis

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210324/6693b36a/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 4790 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210324/6693b36a/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 3354 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210324/6693b36a/image002.png>