[WSBAPT] Negotiating DSHS Lien

Wed Mar 24 07:29:02 PDT 2021

I was able to have an agreement with DSHS to allow the son of the deceased parents live in the home due to his own financial condition.  The lien remained and the negotiated agreement provided the lien was paid if the son moved/house sold OR son died.  The lien was not as large as the one you have but they did negotiate with me.  DSHS had the son fill out a "hardship packet" based on a hardship waiver under WAC 388-527-2750.  It might start there.  The son had to divulge a "declaration of household resources" as well.

I worked with DSHS Revenue Agent II Kenneth Washington
1-800-562-6114

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com

As we face the challenges presented by COVID-19, we have limited staffing in the office to maintain critical functions. Attorney/client meetings will be handled by teleconference or virtually whenever possible.  Be assured that we will continue to advise & support our clients throughout this health emergency.  If you would like to set a telephone conference, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or dara at glgmail.com<mailto:dara at glgmail.com>.

Please be advised, we are requiring all clients with scheduled appointments coming in, as well as our staff, to be prepared to wear a face mask or adequate covering during all in office interactions.

LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[cid:image003.png at 01D7207F.5C2F5420]  [Rated by Super Lawyers] <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=>        [cid:image005.jpg at 01D7207F.5C2F5420]  [No alt text provided for this image]

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of jbdolan at jbdolan.com
Sent: Wednesday, March 24, 2021 7:10 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Negotiating DSHS Lien

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
www.jbdolan.com<http://www.jbdolan.com>
www.jonesbutlerdolan.com<http://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<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: Wednesday, March 24, 2021 6:27 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Cc: 'Mindy Davis' <Mindy at bellanddavispllc.com<mailto: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
[cid:image007.jpg at 01D7207F.5C2F5420]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <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: www.WestSeattleLaw.com<http://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/20210324/72c97946/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 5410 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210324/72c97946/image003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 1524 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210324/72c97946/image004.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 32954 bytes
Desc: image005.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210324/72c97946/image005.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 25680 bytes
Desc: image006.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210324/72c97946/image006.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.jpg
Type: image/jpeg
Size: 4790 bytes
Desc: image007.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210324/72c97946/image007.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.png
Type: image/png
Size: 3354 bytes
Desc: image008.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210324/72c97946/image008.png>