[WSBAPT] release of DSHS lien

Wed Mar 9 10:58:59 PST 2022

We had success getting a DSHS lien lifted recently. The lien was imposed after the Medicaid spouse died. We recorded a Lack of Probate Affidavit (LOPA) showing that the real property had passed to the surviving spouse when the MA spouse died. We send a copy of the recorded LOPA to DSHS and they recorded a document releasing the lien.  I do not believe that the lien would "reappear," although if the survivor later went on Medicaid, DSHS could of course seek estate recovery against the property for the survivor's  benefits.

Meredith Grigg at NW Justice Project told me how to do this and has also had success with it. It may be a fairly recent program.

Sharon C. Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
1734 NW Market St.
Seattle, WA 98107
206-735-3177, ext. 2
sharon at salmonbaylaw.com 
Website: www.salmonbaylaw.com
Washington State Bar #47055

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Today's Topics:

   1. Release of DSHS Real Property Lien (Jake Seegmuller)
   2. Re: Release of DSHS Real Property Lien (Sarah McCarthy)
   3. Re: Release of DSHS Real Property Lien (Jane Bitz)
   4. referral needed: professional fiduciary for small estate
      administration (Donna Calf Robe)
   5. Referral: 501C4 social purpose nonprofit formation (Tom Lee)
   6. Needed: professional fiduciary for small estate
      administration (Dalynne Singleton)
   7. Re: referral needed: professional fiduciary for small estate
      administration (Craig Gourley)
   8. Re: Release of DSHS Real Property Lien (Jake Seegmuller)
   9.  EP attorney in Ormond Beach, FL (near Daytona)
      (Alexis Singletary)
  10. Ch 11.54 RCW - Median Home Price (Nicholas Pleasants)
  11. Re: Ch 11.54 RCW - Median Home Price (Eric Nelsen)
  12. Re: Release of DSHS Real Property Lien (Jane Bitz)
  13. Re: Release of DSHS Real Property Lien (Sara Longley)

----------------------------------------------------------------------

Message: 1
Date: Tue, 8 Mar 2022 21:04:22 +0000
From: Jake Seegmuller <jake at nwlegacylaw.com>
To: "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Release of DSHS Real Property Lien
Message-ID:
	<CO1PR11MB4916B9EDF936E31EF79D09CEC6099 at CO1PR11MB4916.namprd11.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

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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Message: 2
Date: Tue, 8 Mar 2022 13:20:33 -0800
From: Sarah McCarthy <sarah at kawlawyers.com>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Release of DSHS Real Property Lien
Message-ID:
	<CAFVmgT=H+zkK-UsQzEDZZ7=D-NMvFeV6gUf5xv6RvWD0oZbFmg at mail.gmail.com>
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How interesting. Please reply to the list!

*Sarah O?Farrell McCarthy*

*(Pronouns: she / her)*Attorney | Kelly, Arndt & Walker, Attorneys at Law,
PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com

This electronic message transmission contains information from the law firm
of Kelly, Arndt & Walker, PLLP which may be confidential or privileged.
This information is intended to be for the use of the individual or entity
named above,  If you are not the intended recipient, be aware that any
further review, disclosure, printing, copying, distribution, or use of the
contents of this transmission is prohibited. If you have received this
electronic message transmission in error, please notify us immediately by
reply e-mail and delete the original message.  Thank you.

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negotiation under ER 408.

On Tue, Mar 8, 2022 at 1:09 PM Jake Seegmuller <jake at nwlegacylaw.com> wrote:

> 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.
>
>
>
> * Jakob O. Seegmuller*
>
>  Attorney
>
>  nwlegacylaw.com | 360-975-7770
>
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
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Message: 3
Date: Tue, 8 Mar 2022 22:49:35 +0000
From: Jane Bitz <jbitz at whc-attorneys.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Release of DSHS Real Property Lien
Message-ID:
	<MW4PR20MB447979C9D54D9546B6FA2208F6099 at MW4PR20MB4479.namprd20.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

My experience is that DSHS will release its lien if the surviving spouse is selling the property, but they have always required that we provide a bona fide offer and closing date. They file a release of the lien just before closing is scheduled. I have never seen a lien release for the surviving spouse under the circumstances you describe.

However, we don't ordinarily probate the deceased spouse's estate because qualification for Medicaid requires all of the couple's assets to be transferred into the name of the non-applicant spouse. (Except for one checking account with less than $2,000 in it.)

Once the lien is released, it does not 'follow' the surviving spouse or show up in his or her later probate, etc.

Jane.

Jane G. Bitz
Of Counsel | Wolff, Hislop & Crockett, PLLC
Helping Good People do Great Things!
12209 E. Mission Ave., Suite 5
Spokane Valley, WA 99206
(509) 927-9700 (Phone)
(509) 777-1800 (Fax)
jbitz at whc-attorneys.com<mailto:jbitz at whc-attorneys.com> [Email]
www.whc-attorneys.com<http://www.wolffandhislop.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah McCarthy
Sent: Tuesday, March 8, 2022 1:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Release of DSHS Real Property Lien

How interesting. Please reply to the list!

Sarah O'Farrell McCarthy

(Pronouns: she / her)
Attorney | Kelly, Arndt & Walker, Attorneys at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com<mailto:sarah at kawlawyers.com> | www.kawlawyers.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.kawlawyers.com%2F&data=04%7C01%7C%7C10272932235a44a8186c08da014ae76c%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C637823718481689243%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=sshg6nknuBLUXMR8YE%2F%2FsXd4QeKF6ARZbz8p5iaosS0%3D&reserved=0>

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On Tue, Mar 8, 2022 at 1:09 PM Jake Seegmuller <jake at nwlegacylaw.com<mailto:jake at nwlegacylaw.com>> wrote:
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:image005.png at 01D832FB.B882F580]
 Jakob O. Seegmuller
 Attorney
 nwlegacylaw.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fnwlegacylaw.com%2F&data=04%7C01%7C%7C10272932235a44a8186c08da014ae76c%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C637823718481689243%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=zW3vVhw81%2Bofcrf5mTipa2ggNGoa7YMlhFV9BxTRYy4%3D&reserved=0> | 360-975-7770

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Message: 4
Date: Tue, 8 Mar 2022 23:03:05 +0000
From: Donna Calf Robe <DonnaC at brothershenderson.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] referral needed: professional fiduciary for small
	estate administration
Message-ID:
	<MW2PR16MB2330EC4A299A7A1AA5234AA6D9099 at MW2PR16MB2330.namprd16.prod.outlook.com>

Content-Type: text/plain; charset="utf-8"

Listmates,
Who do you recommend to serve as an administrator of a small estate?  I have two probates involving wrongful death matters.  Families do not want to serve.
In one, most of the work was done by the prior professional administrator, but they are retiring.  If the family cannot agree on the distribution of settlement proceeds, a petition to the court will be needed on apportionment.
In the second, the probate needs to be opened.  The estate is small but there will likely be a wrongful death/ survivorship settlement.  Family gets along but no one wants to serve.
I know some professional fiduciary companies, but these are fairly small estates, so not sure they would be interested.
Thanks,

Donna

Donna M. Calf Robe
Attorney
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x113
Fax: (206) 324-3106
e-mail:  donnac at brothershenderson.com
www.brothershenderson.com<http://www.brothershenderson.com/>
[cid:image001.jpg at 01D832FB.F7D1C6D0]
The information transmitted in this e-mail message and attachments is attorney-client information, is privileged or confidential material and is intended only for the use of the individual or entity named above. You are hereby notified that any disclosure, copying, distribution, review by or taking of any action in reliance on the contents of this e-mail information by unauthorized persons is strictly prohibited. All personal messages are solely the views of the sender and are not to be attributed to Brothers & Henderson, P.S. If you have received this transmission in error, immediately notify the sender by reply e-mail and permanently delete this transmission and all copies including attachments.
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Message: 5
Date: Tue, 8 Mar 2022 15:10:10 -0800
From: Tom Lee <rtl at rtleelaw.attorney>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>, "WSBA
	Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Referral: 501C4 social purpose nonprofit formation
Message-ID:
	<CAMWKf5mG9QUezUsaK1kemXU8mBp=R8QJyjkR5317L5K3tM_=1g at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Colleagues,

Looking for a referral for CL's assistance with formation for a 501c4
social purpose nonprofit. Self-referrals welcome.

Best,

-- 

*TOM LEE*

Attorney

*R. THOMAS LEE, PLLC* | Attorney and Counselor at Law | A Professional
Limited Liability Company

Direct: 425-219-6736

rtl at rtleelaw.attorney | website: www.rtleelaw.attorney

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Message: 6
Date: Tue, 8 Mar 2022 23:16:02 +0000
From: Dalynne Singleton <dalynne at glgmail.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Needed: professional fiduciary for small estate
	administration
Message-ID:
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Content-Type: text/plain; charset="utf-8"

I can serve as the professional Administrator / PR and do this quite often in wrongful death matters needing probate opened.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.1717  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
As we face the challenges presented by COVID-19, Attorney/client meetings will be handled by teleconference or virtually whenever possible.  Be assured that we will continue to advise & support our clients throughout this health emergency.  If you would like to set a Zoom or telephone conference with me, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com>, dara at glgmail.com<mailto:dara at glgmail.com> or cameron at glgmail.com<mailto:cameron at glgmail.com>.
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Donna Calf Robe
Sent: Tuesday, March 8, 2022 3:03 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] referral needed: professional fiduciary for small estate administration

Listmates,
Who do you recommend to serve as an administrator of a small estate?  I have two probates involving wrongful death matters.  Families do not want to serve.
In one, most of the work was done by the prior professional administrator, but they are retiring.  If the family cannot agree on the distribution of settlement proceeds, a petition to the court will be needed on apportionment.
In the second, the probate needs to be opened.  The estate is small but there will likely be a wrongful death/ survivorship settlement.  Family gets along but no one wants to serve.
I know some professional fiduciary companies, but these are fairly small estates, so not sure they would be interested.
Thanks,

Donna

Donna M. Calf Robe
Attorney
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x113
Fax: (206) 324-3106
e-mail:  donnac at brothershenderson.com<mailto:donnac at brothershenderson.com>
www.brothershenderson.com<http://www.brothershenderson.com/>
[cid:image005.jpg at 01D832FF.6BB198C0]
The information transmitted in this e-mail message and attachments is attorney-client information, is privileged or confidential material and is intended only for the use of the individual or entity named above. You are hereby notified that any disclosure, copying, distribution, review by or taking of any action in reliance on the contents of this e-mail information by unauthorized persons is strictly prohibited. All personal messages are solely the views of the sender and are not to be attributed to Brothers & Henderson, P.S. If you have received this transmission in error, immediately notify the sender by reply e-mail and permanently delete this transmission and all copies including attachments.
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Message: 7
Date: Tue, 8 Mar 2022 23:37:36 +0000
From: Craig Gourley <craig at glgmail.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] referral needed: professional fiduciary for
	small estate administration
Message-ID:
	<MW3PR12MB43623413C5BB9D98A39BAEC8AE099 at MW3PR12MB4362.namprd12.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Talk to Dalynne Singleton in my office 360 568-5065.  She serves as PR in lots of estates involving tort claims.

Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android<https://aka.ms/AAb9ysg>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Donna Calf Robe <DonnaC at brothershenderson.com>
Sent: Tuesday, March 8, 2022 6:03:05 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] referral needed: professional fiduciary for small estate administration

Listmates,

Who do you recommend to serve as an administrator of a small estate?  I have two probates involving wrongful death matters.  Families do not want to serve.

In one, most of the work was done by the prior professional administrator, but they are retiring.  If the family cannot agree on the distribution of settlement proceeds, a petition to the court will be needed on apportionment.

In the second, the probate needs to be opened.  The estate is small but there will likely be a wrongful death/ survivorship settlement.  Family gets along but no one wants to serve.

I know some professional fiduciary companies, but these are fairly small estates, so not sure they would be interested.

Thanks,

Donna

Donna M. Calf Robe

Attorney

Brothers & Henderson, P.S.

2722 Eastlake Avenue East, Suite 200

Seattle, Washington 98102

Phone: (206) 324-4300 x113

Fax: (206) 324-3106

e-mail:  donnac at brothershenderson.com

www.brothershenderson.com<http://www.brothershenderson.com/>

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The information transmitted in this e-mail message and attachments is attorney-client information, is privileged or confidential material and is intended only for the use of the individual or entity named above. You are hereby notified that any disclosure, copying, distribution, review by or taking of any action in reliance on the contents of this e-mail information by unauthorized persons is strictly prohibited. All personal messages are solely the views of the sender and are not to be attributed to Brothers & Henderson, P.S. If you have received this transmission in error, immediately notify the sender by reply e-mail and permanently delete this transmission and all copies including attachments.
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Message: 8
Date: Wed, 9 Mar 2022 01:20:19 +0000
From: Jake Seegmuller <jake at nwlegacylaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Release of DSHS Real Property Lien
Message-ID:
	<CO1PR11MB491630B2ACAD9EBED1BA1421C60A9 at CO1PR11MB4916.namprd11.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Hi Jane,

Thank you for your response. In that scenario your describing does that then result in no payment to DSHS to satisfy their lien? The department simply releases it in full? I am surprised if the department is this relaxed on the recovery of its costs.

Sincerely,

[cid:image004.png at 01D83310.C8259870]
 Jakob O. Seegmuller
 Attorney
 nwlegacylaw.com | 360-975-7770

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jane Bitz
Sent: Tuesday, March 8, 2022 2:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Release of DSHS Real Property Lien

My experience is that DSHS will release its lien if the surviving spouse is selling the property, but they have always required that we provide a bona fide offer and closing date. They file a release of the lien just before closing is scheduled. I have never seen a lien release for the surviving spouse under the circumstances you describe.

However, we don't ordinarily probate the deceased spouse's estate because qualification for Medicaid requires all of the couple's assets to be transferred into the name of the non-applicant spouse. (Except for one checking account with less than $2,000 in it.)

Once the lien is released, it does not 'follow' the surviving spouse or show up in his or her later probate, etc.

Jane.

Jane G. Bitz
Of Counsel | Wolff, Hislop & Crockett, PLLC
Helping Good People do Great Things!
12209 E. Mission Ave., Suite 5
Spokane Valley, WA 99206
(509) 927-9700 (Phone)
(509) 777-1800 (Fax)
jbitz at whc-attorneys.com<mailto:jbitz at whc-attorneys.com> [Email]
www.whc-attorneys.com<http://www.wolffandhislop.com/>

[signatureLogo][cid:image007.png at 01D83310.C8259870][cid:image008.jpg at 01D83310.C8259870]

THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION.  Any review, use, distribution or disclosure by others is strictly prohibited.  If you have received this electronic mail in error, PLEASE NOTIFY ME BY E-MAIL, FAX OR TELEPHONE and PROMPTLY DELETE this electronic mail.  This mail cannot be modified without the express written consent of Wolff, Hislop, & Crockett, PLLC.  Thank You.

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 Sarah McCarthy
Sent: Tuesday, March 8, 2022 1:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Release of DSHS Real Property Lien

How interesting. Please reply to the list!

Sarah O'Farrell McCarthy

(Pronouns: she / her)
Attorney | Kelly, Arndt & Walker, Attorneys at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com<mailto:sarah at kawlawyers.com> | www.kawlawyers.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.kawlawyers.com%2F&data=04%7C01%7C%7C10272932235a44a8186c08da014ae76c%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C637823718481689243%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=sshg6nknuBLUXMR8YE%2F%2FsXd4QeKF6ARZbz8p5iaosS0%3D&reserved=0>

This electronic message transmission contains information from the law firm of Kelly, Arndt & Walker, PLLP which may be confidential or privileged.  This information is intended to be for the use of the individual or entity named above,  If you are not the intended recipient, be aware that any further review, disclosure, printing, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this electronic message transmission in error, please notify us immediately by reply e-mail and delete the original message.  Thank you.

We do not accept service of any kind by e-mail unless expressly authorized in writing by the attorney of record.  This e-mail is NOT a contract and is not binding upon the author pursuant to CR 2A. This e-mail is, at most, a negotiation under ER 408.

On Tue, Mar 8, 2022 at 1:09 PM Jake Seegmuller <jake at nwlegacylaw.com<mailto:jake at nwlegacylaw.com>> wrote:
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:image009.png at 01D83310.C8259870]
 Jakob O. Seegmuller
 Attorney
 nwlegacylaw.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fnwlegacylaw.com%2F&data=04%7C01%7C%7C10272932235a44a8186c08da014ae76c%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C637823718481689243%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=zW3vVhw81%2Bofcrf5mTipa2ggNGoa7YMlhFV9BxTRYy4%3D&reserved=0> | 360-975-7770

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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------------------------------

Message: 9
Date: Wed, 9 Mar 2022 05:25:58 +0000
From: Alexis Singletary <alexis at singletarylawoffice.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT]  EP attorney in Ormond Beach, FL (near Daytona)
Message-ID:
	<MWHPR1601MB131269AAEDF98871C165387FC10A9 at MWHPR1601MB1312.namprd16.prod.outlook.com>

Content-Type: text/plain; charset="utf-8"

I need a referral for a client in Ormond Beach, Florida, near Daytona.

I was hoping the referral below would get me there, but Sarasota is about 3 hours away.

Any referrals for Daytona Beach, FL area?

Best regards,
Alexis
______________________________
Alexis R. Singletary
Singletary Law Office, PLLC
(253) 833-8855
www.singletarylawoffice.com<http://www.singletarylawoffice.com/>

This message is from an attorney, so it?s confidential and may be protected by attorney-client privilege and/or the work-product doctrine.  If you are not the intended recipient, it?s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

CLIENT ADVISORY:  A spam filter is in use in our IT system.  If you have not received a Reply to an e-mail message within seventy-two hours, please call or leave a voice mail message with the receptionist at 253.833.8855.

For the safety of all, we are minimizing in-person contact, including holding client consultations through video or telephone conferencing.  Our clients? and staff?s safety is most important to us.  Please let us know how we can accommodate your needs.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lewis, Amy C.
Sent: Friday, March 4, 2022 9:00 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] EP attorney in Venice FL

I have a contact in Sarasota, which seems pretty close to Venice.  His name is Fletcher Rush Fletcher H. Rush ? Williams Parker Attorneys at Law<https://www.williamsparker.com/attorneys/fletcher-h-rush/>.

Amy Lewis, Attorney
Pronouns she/her/hers
[cid:image001.png at 01D83333.19FBCA30]
909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
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 Setareh Mahmoodi
Sent: Friday, March 4, 2022 7:22 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] EP attorney in Venice FL

Hello,

Looking for a referral for an estate planning attorney in Venice, FL for a good client of mine that recently moved there.

Thanks so much,

Setareh
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Message: 10
Date: Wed, 9 Mar 2022 17:26:23 +0000
From: Nicholas Pleasants <nick at pleasantslaw.com>
To: "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Ch 11.54 RCW - Median Home Price
Message-ID:
	<MW4PR20MB4296CF154EDDE699EEAA42C7A30A9 at MW4PR20MB4296.namprd20.prod.outlook.com>

Content-Type: text/plain; charset="iso-8859-1"

For those interested in bringing Ch. 11.54 Petitions, I wanted to share the updated median home prices for 2021 published by the Washington Center for Real Estate Research. As you know, RCW 11.54.020 sets the basic amount of the award as a cross-reference to RCW 6.13.030, which references the data from the Washington Center. King County is now $838,300. Copy for all counties attached and available at https://wcrer.be.uw.edu/wp-content/uploads/sites/60/2022/02/HomesteadExepmtionLimit2022.pdf
Best,
Nick

Nicholas Pleasants

Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel.
(425) 497-0799 fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>

The information contained in this e-mail message may be privileged and is confidential information intended only for the use of the recipient, or any employee or agent responsible to deliver it to the intended recipient. Any unauthorized use, distribution or copying of this information is strictly prohibited and may be unlawful.

If you have received this communication in error, please notify the sender immediately and destroy the original message and all attachments from your electronic files.
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------------------------------

Message: 11
Date: Wed, 9 Mar 2022 17:51:07 +0000
From: Eric Nelsen <eric at sayrelawoffices.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Ch 11.54 RCW - Median Home Price
Message-ID:
	<098D0346993E6A48B0D5F184C0AB002E8E7764 at SBS2011.sayrelawoffices.local>
Content-Type: text/plain; charset="us-ascii"

Thank you Nick! Man, that went up fast-last year, King County was $729,600.

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>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nicholas Pleasants
Sent: Wednesday, March 9, 2022 9:26 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Ch 11.54 RCW - Median Home Price

For those interested in bringing Ch. 11.54 Petitions, I wanted to share the updated median home prices for 2021 published by the Washington Center for Real Estate Research. As you know, RCW 11.54.020 sets the basic amount of the award as a cross-reference to RCW 6.13.030, which references the data from the Washington Center. King County is now $838,300. Copy for all counties attached and available at https://wcrer.be.uw.edu/wp-content/uploads/sites/60/2022/02/HomesteadExepmtionLimit2022.pdf
Best,
Nick

Nicholas Pleasants

Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel.
(425) 497-0799 fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>

The information contained in this e-mail message may be privileged and is confidential information intended only for the use of the recipient, or any employee or agent responsible to deliver it to the intended recipient. Any unauthorized use, distribution or copying of this information is strictly prohibited and may be unlawful.

If you have received this communication in error, please notify the sender immediately and destroy the original message and all attachments from your electronic files.
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Message: 12
Date: Wed, 9 Mar 2022 17:52:19 +0000
From: Jane Bitz <jbitz at whc-attorneys.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Release of DSHS Real Property Lien
Message-ID:
	<MW4PR20MB44799A2BD9AF1571B1E6D249F60A9 at MW4PR20MB4479.namprd20.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Jakob:

The reason that they can't collect is that their lien is not enforceable against the surviving spouse. (WAC 182-527-2738(3)(a). If the spouse continues to live at the property with the lien, it will be collected when the surviving spouse passes away, still owning that house. But the State doesn't actively collect on these liens, they just wait until the property is sold and their lien is found when the title report is done and dealt with at closing, like any other lien on the property.

What I had not seen before is your case where the surviving spouse probates the deceased spouse/Medicaid recipient's estate and records a Deed transferring the property (or files a Lack of Probate Affidavit?) and the Office of Financial Recovery agrees to file a Lien Release.

If that works in these cases, I will be advising clients in this situation to file the Lack of Probate Affidavit and send a copy of the recorded document to OFR requesting that they file a lien release.

Do you think the Petition for a Spousal Award had anything to do with OFR's response to you? I think that the Spousal Award statute has a specific exemption for DSHS liens for recovery of cost of Medicaid services.

Jane.

Jane G. Bitz
Of Counsel | Wolff, Hislop & Crockett, PLLC
Helping Good People do Great Things!
12209 E. Mission Ave., Suite 5
Spokane Valley, WA 99206
(509) 927-9700 (Phone)
(509) 777-1800 (Fax)
jbitz at whc-attorneys.com<mailto:jbitz at whc-attorneys.com> [Email]
www.whc-attorneys.com<http://www.wolffandhislop.com/>

[signatureLogo][cid:image004.png at 01D83398.EFC72140][cid:image005.jpg at 01D83398.EFC72140]

THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION.  Any review, use, distribution or disclosure by others is strictly prohibited.  If you have received this electronic mail in error, PLEASE NOTIFY ME BY E-MAIL, FAX OR TELEPHONE and PROMPTLY DELETE this electronic mail.  This mail cannot be modified without the express written consent of Wolff, Hislop, & Crockett, PLLC.  Thank You.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jake Seegmuller
Sent: Tuesday, March 8, 2022 5:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Release of DSHS Real Property Lien

Hi Jane,

Thank you for your response. In that scenario your describing does that then result in no payment to DSHS to satisfy their lien? The department simply releases it in full? I am surprised if the department is this relaxed on the recovery of its costs.

Sincerely,

[cid:image001.png at 01D8339B.5B952C80]
 Jakob O. Seegmuller
 Attorney
 nwlegacylaw.com | 360-975-7770

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 Jane Bitz
Sent: Tuesday, March 8, 2022 2:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Release of DSHS Real Property Lien

My experience is that DSHS will release its lien if the surviving spouse is selling the property, but they have always required that we provide a bona fide offer and closing date. They file a release of the lien just before closing is scheduled. I have never seen a lien release for the surviving spouse under the circumstances you describe.

However, we don't ordinarily probate the deceased spouse's estate because qualification for Medicaid requires all of the couple's assets to be transferred into the name of the non-applicant spouse. (Except for one checking account with less than $2,000 in it.)

Once the lien is released, it does not 'follow' the surviving spouse or show up in his or her later probate, etc.

Jane.

Jane G. Bitz
Of Counsel | Wolff, Hislop & Crockett, PLLC
Helping Good People do Great Things!
12209 E. Mission Ave., Suite 5
Spokane Valley, WA 99206
(509) 927-9700 (Phone)
(509) 777-1800 (Fax)
jbitz at whc-attorneys.com<mailto:jbitz at whc-attorneys.com> [Email]
www.whc-attorneys.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.wolffandhislop.com%2F&data=04%7C01%7C%7C40720378212f41529de808da016c97ec%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C637823863173821637%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=UDpzZ%2BdNaFbHOi3dqTo%2Bf3Gw%2BN8Q0owpUUu75xpp76A%3D&reserved=0>

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THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION.  Any review, use, distribution or disclosure by others is strictly prohibited.  If you have received this electronic mail in error, PLEASE NOTIFY ME BY E-MAIL, FAX OR TELEPHONE and PROMPTLY DELETE this electronic mail.  This mail cannot be modified without the express written consent of Wolff, Hislop, & Crockett, PLLC.  Thank You.

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 Sarah McCarthy
Sent: Tuesday, March 8, 2022 1:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Release of DSHS Real Property Lien

How interesting. Please reply to the list!

Sarah O'Farrell McCarthy

(Pronouns: she / her)
Attorney | Kelly, Arndt & Walker, Attorneys at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com<mailto:sarah at kawlawyers.com> | www.kawlawyers.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.kawlawyers.com%2F&data=04%7C01%7C%7C40720378212f41529de808da016c97ec%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C637823863173821637%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=pTzNABDUSYM3SCsh6khou1ifLWsxKrlWTISmzN%2F2eOs%3D&reserved=0>

This electronic message transmission contains information from the law firm of Kelly, Arndt & Walker, PLLP which may be confidential or privileged.  This information is intended to be for the use of the individual or entity named above,  If you are not the intended recipient, be aware that any further review, disclosure, printing, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this electronic message transmission in error, please notify us immediately by reply e-mail and delete the original message.  Thank you.

We do not accept service of any kind by e-mail unless expressly authorized in writing by the attorney of record.  This e-mail is NOT a contract and is not binding upon the author pursuant to CR 2A. This e-mail is, at most, a negotiation under ER 408.

On Tue, Mar 8, 2022 at 1:09 PM Jake Seegmuller <jake at nwlegacylaw.com<mailto:jake at nwlegacylaw.com>> wrote:
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:image006.png at 01D83398.EFC72140]
 Jakob O. Seegmuller
 Attorney
 nwlegacylaw.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fnwlegacylaw.com%2F&data=04%7C01%7C%7C40720378212f41529de808da016c97ec%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C637823863173821637%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=f%2BOsnuOqILEpQ%2BpZmi55mkxC%2FgqQbP6hvKzCn%2B5NySc%3D&reserved=0> | 360-975-7770

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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Message: 13
Date: Wed, 9 Mar 2022 18:03:02 +0000
From: Sara Longley <sara at ivylawgroup.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Release of DSHS Real Property Lien
Message-ID:
	<MW3PR12MB4586C6097089DEBA0395DADCD70A9 at MW3PR12MB4586.namprd12.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Jane,

Yes, see the last sentence of the statute.

RCW 11.54.060<http://app.leg.wa.gov/RCW/default.aspx?cite=11.54.060>
Priority of awarded property-Effect of purchase or encumbrance on property.
(1) The award has priority over all other claims made in the estate. In determining which assets must be made available to satisfy the award, the claimant is to be treated as a general creditor of the estate, and unless otherwise ordered by the court the assets shall abate in satisfaction of the award in accordance with chapter 11.10<http://app.leg.wa.gov/RCW/default.aspx?cite=11.10> RCW.
(2) If the property awarded is being purchased on contract or is subject to any encumbrance, for purposes of the award the property must be valued net of the balance due on the contract and the amount of the encumbrance. The property awarded will continue to be subject to any such contract or encumbrance, and any award in excess of the basic award under RCW 11.54.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.54.010>, whether of community property or the decedent's separate property, is not immune from any lien for costs of medical expenses recoverable under RCW 43.20B.080<http://app.leg.wa.gov/RCW/default.aspx?cite=43.20B.080>.

Sara D. Longley
Senior Attorney
Ivy Law Group, PLLC
1734 NW Market Street
Seattle, WA 98107
Phone: (206) 706-2909
sara at ivylawgroup.com<mailto:sara at ivylawgroup.com>
Pronouns: she, her, hers

[cid:image001.jpg at 01CF48D6.0249B5A0]

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jane Bitz
Sent: Wednesday, March 9, 2022 9:52 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Release of DSHS Real Property Lien

Jakob:

The reason that they can't collect is that their lien is not enforceable against the surviving spouse. (WAC 182-527-2738(3)(a). If the spouse continues to live at the property with the lien, it will be collected when the surviving spouse passes away, still owning that house. But the State doesn't actively collect on these liens, they just wait until the property is sold and their lien is found when the title report is done and dealt with at closing, like any other lien on the property.

What I had not seen before is your case where the surviving spouse probates the deceased spouse/Medicaid recipient's estate and records a Deed transferring the property (or files a Lack of Probate Affidavit?) and the Office of Financial Recovery agrees to file a Lien Release.

If that works in these cases, I will be advising clients in this situation to file the Lack of Probate Affidavit and send a copy of the recorded document to OFR requesting that they file a lien release.

Do you think the Petition for a Spousal Award had anything to do with OFR's response to you? I think that the Spousal Award statute has a specific exemption for DSHS liens for recovery of cost of Medicaid services.

Jane.

Jane G. Bitz
Of Counsel | Wolff, Hislop & Crockett, PLLC
Helping Good People do Great Things!
12209 E. Mission Ave., Suite 5
Spokane Valley, WA 99206
(509) 927-9700 (Phone)
(509) 777-1800 (Fax)
jbitz at whc-attorneys.com<mailto:jbitz at whc-attorneys.com> [Email]
www.whc-attorneys.com<http://www.wolffandhislop.com/>

[signatureLogo][cid:image004.png at 01D8339C.DB2799F0][cid:image005.jpg at 01D8339C.DB2799F0]

THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION.  Any review, use, distribution or disclosure by others is strictly prohibited.  If you have received this electronic mail in error, PLEASE NOTIFY ME BY E-MAIL, FAX OR TELEPHONE and PROMPTLY DELETE this electronic mail.  This mail cannot be modified without the express written consent of Wolff, Hislop, & Crockett, PLLC.  Thank You.

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 Jake Seegmuller
Sent: Tuesday, March 8, 2022 5:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Release of DSHS Real Property Lien

Hi Jane,

Thank you for your response. In that scenario your describing does that then result in no payment to DSHS to satisfy their lien? The department simply releases it in full? I am surprised if the department is this relaxed on the recovery of its costs.

Sincerely,

[cid:image007.png at 01D8339C.DB2799F0]
 Jakob O. Seegmuller
 Attorney
 nwlegacylaw.com | 360-975-7770

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 Jane Bitz
Sent: Tuesday, March 8, 2022 2:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Release of DSHS Real Property Lien

My experience is that DSHS will release its lien if the surviving spouse is selling the property, but they have always required that we provide a bona fide offer and closing date. They file a release of the lien just before closing is scheduled. I have never seen a lien release for the surviving spouse under the circumstances you describe.

However, we don't ordinarily probate the deceased spouse's estate because qualification for Medicaid requires all of the couple's assets to be transferred into the name of the non-applicant spouse. (Except for one checking account with less than $2,000 in it.)

Once the lien is released, it does not 'follow' the surviving spouse or show up in his or her later probate, etc.

Jane.

Jane G. Bitz
Of Counsel | Wolff, Hislop & Crockett, PLLC
Helping Good People do Great Things!
12209 E. Mission Ave., Suite 5
Spokane Valley, WA 99206
(509) 927-9700 (Phone)
(509) 777-1800 (Fax)
jbitz at whc-attorneys.com<mailto:jbitz at whc-attorneys.com> [Email]
www.whc-attorneys.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.wolffandhislop.com%2F&data=04%7C01%7C%7C40720378212f41529de808da016c97ec%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C637823863173821637%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=UDpzZ%2BdNaFbHOi3dqTo%2Bf3Gw%2BN8Q0owpUUu75xpp76A%3D&reserved=0>

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THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION.  Any review, use, distribution or disclosure by others is strictly prohibited.  If you have received this electronic mail in error, PLEASE NOTIFY ME BY E-MAIL, FAX OR TELEPHONE and PROMPTLY DELETE this electronic mail.  This mail cannot be modified without the express written consent of Wolff, Hislop, & Crockett, PLLC.  Thank You.

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 Sarah McCarthy
Sent: Tuesday, March 8, 2022 1:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Release of DSHS Real Property Lien

How interesting. Please reply to the list!

Sarah O'Farrell McCarthy

(Pronouns: she / her)
Attorney | Kelly, Arndt & Walker, Attorneys at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com<mailto:sarah at kawlawyers.com> | www.kawlawyers.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.kawlawyers.com%2F&data=04%7C01%7C%7C40720378212f41529de808da016c97ec%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C637823863173821637%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=pTzNABDUSYM3SCsh6khou1ifLWsxKrlWTISmzN%2F2eOs%3D&reserved=0>

This electronic message transmission contains information from the law firm of Kelly, Arndt & Walker, PLLP which may be confidential or privileged.  This information is intended to be for the use of the individual or entity named above,  If you are not the intended recipient, be aware that any further review, disclosure, printing, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this electronic message transmission in error, please notify us immediately by reply e-mail and delete the original message.  Thank you.

We do not accept service of any kind by e-mail unless expressly authorized in writing by the attorney of record.  This e-mail is NOT a contract and is not binding upon the author pursuant to CR 2A. This e-mail is, at most, a negotiation under ER 408.

On Tue, Mar 8, 2022 at 1:09 PM Jake Seegmuller <jake at nwlegacylaw.com<mailto:jake at nwlegacylaw.com>> wrote:
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:image008.png at 01D8339C.DB2799F0]
 Jakob O. Seegmuller
 Attorney
 nwlegacylaw.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fnwlegacylaw.com%2F&data=04%7C01%7C%7C40720378212f41529de808da016c97ec%7C30561d3794344066948c5e35aee62621%7C0%7C0%7C637823863173821637%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=f%2BOsnuOqILEpQ%2BpZmi55mkxC%2FgqQbP6hvKzCn%2B5NySc%3D&reserved=0> | 360-975-7770

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
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***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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