[WSBAPT] DSHS Medicaid "lien" vs creditor claim

[Eric Nelsen]

Thanks Diane! Is there a WAC or RCW I should look at?

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>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane Kiepe
Sent: Monday, June 15, 2026 5:09 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] DSHS Medicaid "lien" vs creditor claim

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<mailto: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<mailto: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<mailto:eric at sayrelawoffices.com>

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