[WSBAPT] Estate Recovery

[Gregory L. Gilday]

Good afternoon all,

I believe I have seen this thread on the listserv before, but can't seem 
to find it.  My question in a nutshell - Is DSHS limited by the 2 year 
statute of limitations on creditors recovering from an estate?

Here is the situation: Decedent died in 2020.  He was unmarried and had 
no children.  He had been receiving state funded care for years, and 
DSHS would have had a large claim if the estate had been probated when 
he passed.  Since it was believed he didn't have anything at the time, 
no estate was conducted.  Years later, his sister was contacted by a 
life insurance company regarding a policy the decedent had where the 
beneficiary is his estate (both named beneficiaries pre-deceased).

Wondering if it's worth opening an estate.  If the state is precluded as 
a creditor since more than 2 years has passed, it's a no-brainer.  
However, my client is not sure she want to go through with a probate if 
the state is going to be able to make a valid claim, which, if allowed, 
would very likely be much larger than the value of the insurance policy.

Thank you all in advance.
-- 

Very Truly Yours,

Gregory L. Gilday

Law Office of Cole & Gilday, P.C.

//

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