[WSBAPT] Negotiating DSHS Lien

[jbdolan at jbdolan.com]

Jeff:

 

I have negotiated DSHS claims (in much smaller amounts) with good results a
couple of times.  In both cases the recovery agent was willing to listen,
explain DSHS's position, and make a modest compromise.  I simply picked up
the phone and called the agent assigned to the particular case.  I
approached them by "wondering if you can help" and asking "if there is
anything you can do" for my client.  In both instances, it was very
non-adversarial.  I doesn't hurt to ask if something can be worked out.

 

Jim Dolan

 

===================

 

Jones Butler Dolan, PS

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

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

 

Mount Vernon

 

P.O. Box 2784

415 Pine Street 

Mount Vernon, WA 98273

Telephone: 360-336-2939

Facsimile: 360-336-2949

 

Stanwood

 

P.O. Box 458

10027 - 269th Place NW (SR 532)

Stanwood, WA 98292

Telephone: 360-629-3833

Facsimile: 360-629-6253

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, March 24, 2021 6:27 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Cc: 'Mindy Davis' <Mindy at bellanddavispllc.com>
Subject: Re: [WSBAPT] Negotiating DSHS Lien

 

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
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto: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
<mailto: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.

 

 

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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
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

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