[WSBAPT] Dept of Revenue slow?

[Marcus J. Fry]

Email Ken Washington at OFR.  He is really good and making sure OFR responds.  Here is his email: kenneth.washington at dshs.wa.gov<mailto:kenneth.washington at dshs.wa.gov>


Marcus J. Fry
Attorney | Witherspoon • Kelley
mjf at witherspoonkelley.com<mailto:mjf at witherspoonkelley.com> | Attorney Profile<https://www.witherspoonkelley.com/marcus-j-fry> | vCard<https://www.witherspoonkelley.com/s/mfj.vcf>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Christopher Neil
Sent: Tuesday, August 30, 2022 10:05 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Dept of Revenue slow?

In my case DSHS has a pre-death 6-figure claim.  Probate Notice to Creditors was sent to OFR with all of the proper ID for the Decedent.    5 months later, no reply.  The estate is ready to close.  How can a PR pay a claim in which the Creditor is not responding?  It’s a frustrating situation because I anticipate OFR will come back after the estate is closed and demand repayment from the heirs - which are charities.

I don’t want to buy a future lawsuit for the heirs, but OFR is non-responsive.

Chris Neil | Attorney | Neil & Neil, P.S.
5302 Pacific Avenue,Tacoma,WA 98408 | Chris.Neil at NeilLaw.com<mailto:Chris.Neil at NeilLaw.com>
(253)475-8600 | f:(253)473-5746
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On Aug 30, 2022, at 9:08 AM, Roger Hawkes <roger at skyvalleylawyers.com<mailto:roger at skyvalleylawyers.com>> wrote:

The state (the ‘king’) is generally not subject to statutes of limitation and factual claims like adverse possession.  My hope is the state has somewhere agreed to be bound by the four month limitation for creditors’ claims, but I don’t know if that has occurred.

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 Diane J. Kiepe
Sent: Monday, August 29, 2022 4:07 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Dept of Revenue slow?

This appears to be the million dollar 2022 question.  I have gotten an e-mail (as has a colleague of mine Jennifer White who posted her) that we were getting turned over to the AG because DSHS basically doesn’t have to the follow the rules.  So far, I’ve not heard from the AG and quite frankly, the federal statute the DSHS representative cited did not appear to have anything to do with claims of DSHS.  I transferred the property to the PR/Beneficiary who is aware of this claim as well.

If anything happens, I’ll be sure to share it with the listserve.  Really, how can they not be tied to a very specific creditor time period?  That is nonsensical to me.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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 Joshua Grant
Sent: Monday, August 29, 2022 4:01 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Dept of Revenue slow?

I am handling an estate where the PR thought a Medicaid lien should exist.  We are over 4 months since we mailed the Notice to Creditors (including decedent’s social security number), and we haven’t heard anything yet.  How long has it been taking to OFR to respond to Notice to Creditors?
If no lien shows on a title report on the residence, I assume we are clear to sell the residence without further notice to DSHS?

Josh

Joshua F. Grant
<image001.png>
P. O. Box 619
Wilbur, WA 99185
509 647 5578
jgrant at advocateslg.com<mailto:jgrant at advocateslg.com>

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