[WSBAPT] DSHS Lien on Real Property Recorded After the Property's Sale

[Marcus J. Fry]

Natalie:
Contact the title insurer because this should have been insured against fbo your clients.


Marcus J. Fry
Attorney | Witherspoon * Kelley
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Leighann Hansing
Sent: Wednesday, October 19, 2022 10:19 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] DSHS Lien on Real Property Recorded After the Property's Sale


RCW 41.05A.090 (6) A lien authorized under this section relates back to attach to any real property that the decedent had an ownership interest in immediately before death and is effective as of that date or date of recording, whichever is earlier.


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 Natalie Kuehler
Sent: Tuesday, October 18, 2022 1:07 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] DSHS Lien on Real Property Recorded After the Property's Sale

Hello all,

I have clients who purchased real property from a widower, with title insurance that was secured by the widower's completion and filing of a lack of probate affidavit. No probate for the wife's estate was ever opened, and the lack of probate affidavit confirmed that there were no outstanding debts or expenses arising from his wife's last illness. After the sale closed, but within two years of the wife's death, DSHS filed a Notice and Statement of Lien (Estate Recovery) for an undisclosed amount.

Can DSHS enforce the Lien against the real property even though the property was sold to my clients at market rate? Are there any deadlines for enforcement of a DSHS lien that is placed on property after the surviving spouse of the deceased debtor has sold it? The lien at this point is already over two years old, and the real property was transferred to my clients over three years ago.

Any thoughts (or referrals) would be appreciated.

Thank you!
Natalie

Natalie N. Kuehler
THE KUEHLER LAW FIRM PLLC
PO Box 3059 - 1112 State Route 20
Winthrop, WA 98862
o: (509) 996-2832 x1 - c (509) 557-5769
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