[WSBAPT] Dept of Revenue slow?

Tue Aug 30 11:30:30 PDT 2022

Another fun matter with DSHS.  I believe DSHS is subject to the creditor
claim rules.  I had a probate in which DSHS filed, and served, a claim for
$45,000.00. The  $45,000.00 dollar amount  was typed in the filed form. We
paid it.  DSHS later came back and said their claim was really for
$300,000.00.  When I read the backup material filed with the claim, sure
enough the total paid out benefits was over $300,000.00.  No amended claim
was filed.  We waited for the 2 year clam period to expire and then closed
the estate with a declaration of completion ( a copy was served on DSHS).
We heard nothing further.

Jeff

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: Tuesday, August 30, 2022 10:46 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Dept of Revenue slow?

Please don't rely on my recollection on this, but I think I remember
researching this issue about 10-15 years ago, on the distinction between
debts owed to the Feds and debts owed to the State. Medicaid is a federal
program but I think it's basically federal funding that is supplied to each
state and the state builds its own administrative apparatus to handle and
pay benefits to state residents. As a condition of receiving the federal
funding, the State must agree to make reasonable efforts to collect
reimbursements.

I think there is a case out there-or maybe it's in the Medicaid collections
handbook for state employees?-that says that DSHS is subject to the creditor
claim deadline the same as any other creditor. It's a state entity handling
money debts owed under state statutes, and as such it has neither the
priority of debts owed to the federal government, nor does the states'
sovereign immunity or its statutes provide DSHS with immunity from the
creditor claim deadline.

That said, I also faintly recall that there is a difference between a
Medicaid lien put on real property and a Medicaid debt owed by a decedent
who didn't own real property. It's possible that the debt can be barred but
the lien on real property can't?

Or I could really be mixing this up. I think there is a substantial amount
of information on DSHS website under the "Estate Recovery" section. See for
example:

https://www.dshs.wa.gov/sites/default/files/publications/documents/Estate%20
Recovery%20Insert.pdf

Sincerely,

Eric

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com <mailto:eric at sayrelawoffices.com> 

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hours and are available via email and by phone. Videoconferencing also is
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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 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

P. O. Box 619
Wilbur, WA 99185
509 647 5578

 <mailto:jgrant at advocateslg.com> jgrant at advocateslg.com

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