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Greetings list mates,<br>
<br>
Can any of you provide any guidance on this estate recovery
scenario?<br>
<br>
The hypothetical elderly, unmarried client (HC) has qualified for
and is receiving Medicaid benefits that will subject her estate to
estate recovery. HC's home is an exempt asset held as JTWROS with
her adult son. Importantly (or perhaps not), HC acquired the
interest in the home several decades ago (long before the critical
date of July 1, 2005). Assume the son is not a caregiver, blind,
disabled, or otherwise eligible to receive the home by inter vivos
gift without risking Medicaid ineligibility. Other than the home,
HC's estate is expected to have no assets having more than nominal
value.<br>
<br>
I understand the general rule is that DSHS can use a lien to recover
against nonprobate assets, including JTWROS property. However, WAC
182-527-2746(4)(c) says that the agency "may not enforce a lien"
against JTWROS property if the decedent's right in the property
vested before July 1, 2005. This looks like a blanket prohibition
against enforcing a lien against the property HC will have held
JTWROS.<br>
<br>
Is this a complete bar to DSHS's recovery against the JTWROS
property, or does it simply mean that DSHS's claim against the
estate is unsecured? I have too little experience to know whether
DSHS's authority to recover Medicaid payments is limited to
enforcing liens or whether it could simply treat the debt like any
other unsecured creditor's claim against the estate.<br>
<br>
Thank you for any guidance.<br>
<div class="moz-signature"><br>
Forrest Carlson<br>
Assemble Law Group, PLLC<br>
<a href="https://www.assemblelaw.com">www.assemblelaw.com</a><br>
(206) 631-9575
<br>
<br>
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