[WSBAPT] DSHS lien and motion/order

Tue Feb 13 10:57:52 PST 2024

I have had success when it was an issue of administrative expenses, maybe even leaving a small inheritance to heirs. I also have tended to negotiate these ahead of opening a probate, so that they see the alternative is delay and perhaps more expense when they seek to enforce their lien.

I am not aware of any argument that the inheritance rights of heirs comes ahead of DSHS lien, unless there are minor or disabled heirs.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image005.jpg at 01DA5E6B.7CD4E690]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Tuesday, February 13, 2024 10:06 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] DSHS lien and motion/order

I have a client with several other heirs/siblings to an Estate of her mother.  No money but a house recently sold in Tacoma.  DSHS has filed a lien for medical bills paid during mother's lifetime and recorded the lien against the home.  DSHS refuses to negotiate the lien and demands payment in full which leaves less than $100 to the heirs/children of the decedent.

Anyone have a sample motion filed with notice to DSHS to reduce their lien?  I'd love to see arguments to be made and a motion.  Attorney for PR sister of my client and I think a motion is in order and bring DSHS into probate court to argue to be paid its entire lien leaving the heirs nothing.  I've had good luck with negotiating with DSHS in the past to reduce their liens but not this one.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, zoom, or in person meeting, please call or email one my paralegals heather at glgmail.com<mailto:heather at glgmail.com> or valerie at glgmail.com<mailto:valerie at glgmail.com>.  Gourley Law Group legal assistant can be reached at paige at glgmail.com<mailto:paige at glgmail.com>.  Part-time paralegal Theresa Richards can be reached at theresa at glgmail.com<mailto:theresa at glgmail.com>.

LICENSED IN WASHINGTON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[cid:image007.gif at 01DA5E6B.7CD4E690]   [cid:image008.png at 01DA5E6B.7CD4E690] [cid:image009.png at 01DA5E6B.7CD4E690]   [cid:image010.png at 01DA5E6B.7CD4E690]

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240213/783243da/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 17884 bytes
Desc: image005.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240213/783243da/image005.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.png
Type: image/png
Size: 18009 bytes
Desc: image006.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240213/783243da/image006.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.gif
Type: image/gif
Size: 4578 bytes
Desc: image007.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240213/783243da/image007.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.png
Type: image/png
Size: 5410 bytes
Desc: image008.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240213/783243da/image008.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image009.png
Type: image/png
Size: 6082 bytes
Desc: image009.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240213/783243da/image009.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image010.png
Type: image/png
Size: 5405 bytes
Desc: image010.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240213/783243da/image010.png>