[WSBAPT] DSHS Creditor Claim SOL?

Tue Nov 23 12:09:12 PST 2021

Doesn’t the 2-year SOL run after the date of death, not the date of services provided?  It sounded like Jennifer was dealing with a current probate.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Chad Horner
Sent: Tuesday, November 23, 2021 11:44 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] DSHS Creditor Claim SOL?

Jennifer,

I had a similar claim recently from DSHS for services provided many years ago. I reached out to the revenue agent to cite the basic 2-year SOL that I was sure she already knew. She promptly withdrew the claim and request for notice, saying that she thought she’d at least give it a try. If there is another SOL, I’d be interested to know what that is.
Chad Horner
CURRAN LAW FIRM
555 West Smith Street
Kent, WA 98032
T 253 852 2345
F 253 852 2030
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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 Sarah McCarthy
Sent: Tuesday, November 23, 2021 11:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] DSHS Creditor Claim SOL?

Please reply to list!
Sarah
Sent by dictation from my iPhone. Please excuse typos and missing punctuation!

On Nov 23, 2021, at 11:22 AM, Jennifer L White <jen at appletreelaw.com<mailto:jen at appletreelaw.com>> wrote:

Hello learned colleagues:
I received a creditor claim from DSHS for $50,000 for decedent’s hospital/pharmacy bills dating back to 1999 – 2003. I reviewed the statutes/WACS cited on the claim.
I thought I remembered something earlier on this listserv about a 20 year SOL, but that is not mentioned anywhere in the recovery laws?
There is no doubt that the decedent did receive the services, so the legitimacy of the underlying debt is undisputable. It’s just been such a long time….does such a debt really live on forever? The estate is solvent even with the claim. There is no surviving spouse or disabled or dependent children. Can anyone point me in the right direction as to any possible defenses or is it just time to pay up?

Jennifer L. White, Esq.
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jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

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