[WSBAPT] DSHS Letter for Beneficiary??
Jane Bitz
jbitz at whc-attorneys.com
Tue Feb 25 18:45:37 PST 2025
The only time that we have had to pay the State - DSHS - out of the beneficiary's share was a claim for unpaid child support payments made by DSHS for dependent children who were in foster care and receiving medical care from Medicaid. It came in the form of a "warrant" from Support Enforcement.
We sent a copy of the "warrant" notice that was filed in the probate to the beneficiary because they have the ability to petition for a reduction in their obligation by entering into a payment plan.
There is an RCW that says Court costs and attorney fees can be recovered from an employer who does not comply with the warrant. Support enforcement included a cover letter stating that the estate would have to pay fees and costs if we did not comply with the warrant.
I would check with Support Enforcement to see if your beneficiary/heir owes unpaid child support for their minor children.
Our beneficiary did not dispute the warrant and their share of the estate was less than the total they owed to the State.
Jane.
Jane G. Bitz
Of Counsel
WHC Attorneys PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Tuesday, February 25, 2025 1:03 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] DSHS Letter for Beneficiary??
I am assisting family probate Dad's estate and the creditor's notice period expired last year. PR and I have received this year a "Notice of Lien" from DSHS regarding a lien on the proceeds of a dead-beat dad/son beneficiary. Lien not recorded against house, and we closed on the sale of the Dad's house. Lien not filed in the probate but PR says the son is a dead-beat dad. Do we have to honor it and does it get paid directly by the PR and come out of the son's portion (fortunately, there is enough money to do this)? What is the PR's responsibility and liability here?
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