[WSBARP] Disclaimer of Inheritance

[Tom Ashton]

Jim:
DSHS treats a disclaimer as a gift subject to a transfer of assets penalty for purposes of Medicaid-funded long-term care benefits such as institutional or in-home care.  See the Medicaid Manual (WAC 182-513-1363) and “Clarifying Information” at: http://www.hca.wa.gov/medicaid/manual/Pages/62-315.aspx.  A disclaimer will not adversely impact noninstitutional Medically Needy (MN) Medicaid benefits, but may have an adverse impact on SSI benefits.
Tom
s/Thomas E. Ashton
Attorney at Law
WSBA # 11587
203 W. Holly St. Suite 301
Bellingham, Washington
98225
Telephone: 360-714-8208 
Fax: 360-714-8217 
E-mail: tashton at tomashtonlaw.com
 
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Monday, July 25, 2016 2:59 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Disclaimer of Inheritance
 
The one disclaiming the inheritance is the one with DSHS benefits.  No funds are coming to her.  She doesn't want the funds.  they will go elsewhere.  
Am I missing something?
Thanks,
  


James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
 
On Mon, Jul 25, 2016 at 1:54 PM, Josh Grant <jgrant at accima.com> wrote:
Jim,
 
A $40,000 disclaimer is treated by DSHS just like an applicant for Medicaid sending me a $40,000 check.  It creates a period of ineligibility.
 
Josh
 
From: Jim Doran <mailto:jim at doranlegal.com>  
Sent: Monday, July 25, 2016 11:20 AM
To: WSBA Real Property Listserv <mailto:wsbarp at lists.wsbarppt.com>  
Subject: Re: [WSBARP] Disclaimer of Inheritance
 
I missed the comment you are referring to made by Josh. does it affect me?
Thanks.
Jim
 
 
James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506 <tel:%28360%29393-9506> 
jim at doranlegal.com
www.doranlegal.com
 
On Mon, Jul 25, 2016 at 11:00 AM, Melinda Grout <mkgroutlaw at gmail.com> wrote:
Good catch Josh - missed that part of Jim’s message.  
Regards,

Melinda Grout
Law Office of Melinda K Grout, PS
17325 W. Main Street / P.O. Box 1360
Monroe, WA  98272
360-794-4322  / Fax: 425-744-6745
 
Emphasizing Estate Planning, Probate, and Elder Law
mkgroutlaw.com

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Thomas E. Ashton
Attorney at Law
WSBA #11587
203 W. Holly St., Suite 301
Bellingham, Washington
98225
(360) 714-8208
(360) 714-8217 (fax)]
tashton at tomashtonlaw.com
 
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