[WSBAPT] DSHS Medicaid "lien" vs creditor claim

[Diane Kiepe]

This is my understanding, and experience, but I'll look forward to other
comments.

A lien covers the amount of Medicaid services provided and attaches to the
recipient's real estate.  I have personally never seen a lien filed on any
other property.  Also, it can only attach to the recipient's interest (so
for a spouse that is often 50%).  These liens must be filed before death;
otherwise, they become a creditor's claim.  I have had 2 or 3 dismissed
because they did not file timely.

Best of luck -



Diane Kiepe
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com
200 N. Mullan Rd., Suite 203
Spokane Valley, WA  99206
509-280-6414
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On Mon, Jun 15, 2026 at 5:05 PM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> Does anyone have a good grasp on when DSHS files a creditor claim versus
> asserts a lien against an Estate? And, if DSHS asserts a lien, does it
> attach to *all* property of the Estate or just real estate? And, does it
> survive the 2-year bar on creditor claims?
>
>
>
> I used to understand, I thought, that DSHS’s Medicaid recovery efforts are
> subject to the 2-year bar. But the lien language is giving me pause.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
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