[WSBARP] Disclaimer of Inheritance

Mon Jul 25 15:43:49 PDT 2016

So, what you are saying is that even though the person disclaims the
inheritance she is still considered to have received it?

Is the State saying that "You could have received it, so we are treating
you as if you did receive it.....and penalizing you."

Is that what's going on?  Man,oh man.  So disclaiming the asset doesn't do
any good.  Hummmm?????

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 3:36 PM, Tom Ashton <Tashton at tomashtonlaw.com>
wrote:

> 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 <jim at doranlegal.com>
>
> *Sent:* Monday, July 25, 2016 11:20 AM
>
> *To:* WSBA Real Property Listserv <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
>
> 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
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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 <tashton at tomashtonlaw.com>*
>
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