[WSBAPT] Dept of Revenue slow?

Tue Aug 30 10:30:24 PDT 2022

If you believe that there will be a claim - I would call and ask.

I just had a client and they were not too aware of the differences between
medicaid and medicare and were INSISTENT that they were on medicaid - so
before we made any plans, I called DSHS to ask what the repayment/lien
amount would be.....come to find out there was nothing that was
reimbursable.

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

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On Tue, Aug 30, 2022 at 10:20 AM Christopher Neil <chris.neil at neillaw.com>
wrote:

> 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
> (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>
> 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 <
> 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>
> *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
> 509-455-5300
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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
> *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
>
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