[WSBARP] DSHS Estate Lien filed pre-death

[Richard Holland]

Listmates,

So I understand that the law allows DSHS to file a lien 'against the property of the estate' even pre-death under applicable law from 2005.  And I understand that in 99.99% of the cases these will survive a foreclosure.  However, I also know there is at least one case from NY where a court held that the lender had priority over a Medicaid lien.  I am just curious, casting about, if anyone knows of a similar case or approach in WA where it might be possible to 'wipe out' this PARTICULAR sort of DSHS lien as, for example, from my understanding DSHS will 'release' the lien if the hospitalized person is able to return home - which, as an aside, seems odd to me.

Rich Holland
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20161121/c6351050/attachment.html>