[WSBAPT] TOD deed effect on DSHS lien?

[Diane J. Kiepe]

Betsy,

I believe you are correct - just like it's subject to other timely filed creditor claims.

(2) Subject to chapter 65.08<http://app.leg.wa.gov/RCW/default.aspx?cite=65.08> RCW, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor's death, including liens recorded within twenty-four months after the transferor's death under RCW 41.05A.090<http://app.leg.wa.gov/RCW/default.aspx?cite=41.05A.090> and 43.20B.080<http://app.leg.wa.gov/RCW/default.aspx?cite=43.20B.080>. For purposes of this subsection and chapter 65.08<http://app.leg.wa.gov/RCW/default.aspx?cite=65.08> RCW, the recording of the transfer on death deed is deemed to have occurred at the transferor's death.  080 is recovery for paid medical assistance.

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of betsy at bwattorney.com
Sent: Thursday, February 10, 2022 3:29 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] TOD deed effect on DSHS lien?

If decedent was receiving subsidized care and signed paperwork with DSHS listing her house as an asset, a TOD deed of that house to her daughter does not get out from under the DSHS lien, right?  It seems too obvious of a loophole, but just thought I'd check to see what I'm missing.  Case currently where daughter believes the TOD deed from deceased mother makes DSHS's lien untimely- but that would create an impossible scenario it seems.  Thank you all, as always, for your thoughts!


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