[WSBARP] Disclaimer of Inheritance

Mon Jul 25 18:26:40 PDT 2016

I appreciate the clarity.

What do we do to avoid this situation from playing out?

Jim Doran

PS.  This is a symptom of our antiquated values as a 21st Century
Society.....stuck in 18th Century systems.  When will be honor our people
and avoid all of this game playing???

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 4:12 PM, Paul Neumiller <pneumiller at hotmail.com>
wrote:

> OK Jim, I’ll play devil’s advocate and even use non-pc insensitive
> language.  Why should she be able to voluntarily (via a disclaimer) turn
> down good money ($40K) just so she can continue to be on the public dole
> (Medicaid)?  There are people who, as tax payers, may find it offensive and
> unfair for her to turn down $40K (and it goes to her son!), just so it
> doesn’t mess with her freebie-benefits.  She *should* be penalized if she
> is, in effect, giving away $40K to her son just to not mess with her
> Medicaid and SSI (tax-funded need based programs.)
>
>
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
> wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Jim Doran
> *Sent:* Monday, July 25, 2016 3:44 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Disclaimer of Inheritance
>
>
>
> 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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>
> Emphasizing Estate Planning, Probate, and Elder Law
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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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