[WSBAPT] Release of DSHS Real Property Lien

[Jake Seegmuller]

Hello learned colleagues,

We are assisting the surviving spouse (husband) administer the estate of their deceased spouse (wife). The primary asset of the deceased spouse's estate is her community property interest in a home owned with the husband - both names on title. DSHS filed a Notice and Statement of Lien in October of 2020 for about $50k. Husband initiated probate proceedings and timely filed a Family Support Award to defeat some (or all) of the lien. A hearing was set and DSHS properly noticed. Later, DSHS circulated correspondence indicating that stated that they will release their lien without issue if the husband removes the wife's name from the property through a deed transfer. The department specifically cited a "Lack of Probate Affidavit" as a mechanism by which to circumvent their lien and the would release it.

I was not aware that DSHS would release the lien this easily. Have others had experience with this?

This raises some interesting questions: If husband removes wife from title and the department releases the lien upon recording and delivery of a copy of the recorded deed to the department (as indicated in the letter), is the lien avoided? And can this claim follow husband or reappear at his death? Is there a potential the DSHS representative is misstating DSHS's position on this?

Thanks in advance for your insights on this.

[cid:image001.png at 01D832ED.074F5FF0]
 Jakob O. Seegmuller
 Attorney
 nwlegacylaw.com | 360-975-7770


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