[WSBARP] TOD & Estate Recovery

Mon Oct 23 12:04:30 PDT 2017

I thought the residence was the Mother's until her death so unless some
other exclusion applies isn't the residence available for sale before
Mother will qualify for Medicaid? Since Mother's residence is soon to be
nursing home and her limit for qualifying for Mediciad is $2,000 how will
she qualify for nursing home care while owning the home?  Unless she
indicates she intends to return there or another exclusion applies.

On Mon, Oct 23, 2017 at 10:35 AM, Jeanne Dawes <jjdawes at goregrewe.com>
wrote:

> Son will take property subject to any estate recovery lien if
> filed/recorded within 24 month of DOD.
>
>
>
> *RCW 64.80.100*
>
> *Effect at transferor's death.*
>
> (1) Except as otherwise provided in this section, or in RCW 11.07.010
> <http://app.leg.wa.gov/RCW/default.aspx?cite=11.07.010>, and 11.05A.030
> <http://app.leg.wa.gov/RCW/default.aspx?cite=11.05A.030>, on the death of
> the transferor, the following rules apply to property that is the subject
> of a transfer on death deed and owned by the transferor at death:
>
> (a) Subject to (b) of this subsection, the interest in the property is
> transferred to the designated beneficiary in accordance with the deed.
>
> (b) The interest of a designated beneficiary is contingent on the
> designated beneficiary surviving the transferor. The interest of a
> designated beneficiary that fails to survive the transferor lapses.
>
> (c) Subject to (d) of this subsection, concurrent interests are
> transferred to the beneficiaries in equal and undivided shares with no
> right of survivorship.
>
> (d) If the transferor has identified two or more designated beneficiaries
> to receive concurrent interests in the property, the share of one which
> lapses or fails for any reason is transferred to the other, or to the
> others in proportion to the interest of each in the remaining part of the
> property held concurrently.
>
> (2) Subject to chapter 65.08
> <http://app.leg.wa.gov/RCW/default.aspx?cite=65.08> RCW, a beneficiary
> takes the property subject to all conveyances, encumbrances, assignments,
> contracts, mortgages, liens, and other interests to which the property is
> subject at the transferor's death, including liens recorded within
> twenty-four months after the transferor's death under RCW 41.05A.090
> <http://app.leg.wa.gov/RCW/default.aspx?cite=41.05A.090> and 43.20B.080
> <http://app.leg.wa.gov/RCW/default.aspx?cite=43.20B.080>. For purposes of
> this subsection and chapter 65.08
> <http://app.leg.wa.gov/RCW/default.aspx?cite=65.08> RCW, the recording of
> the transfer on death deed is deemed to have occurred at the transferor's
> death.
>
> (3) If a transferor is a joint owner and is:
>
> (a) Survived by one or more other joint owners, the property that is the
> subject of a transfer on death deed belongs to the surviving joint owner or
> owners with right of survivorship; or
>
> (b) The last surviving joint owner, the transfer on death deed is
> effective.
>
> (4) If the property that is the subject of a transfer on death deed is
> community property and:
>
> (a) The transferor is married and is not joined in the deed by the
> transferor's spouse or is in a registered domestic partnership and is not
> joined in the deed by the transferor's domestic partner, the transferor's
> interest in the property is transferred to the designated beneficiary in
> accordance with the deed on the transferor's death; or
>
> (b) The transferor is married and is joined in the deed by the
> transferor's spouse, or is in a registered domestic partnership and is
> joined in the deed by the transferor's domestic partner, and:
>
> (i) Is survived by the transferor's spouse or domestic partner, the deed
> is not effective upon the transferor's death; or
>
> (ii) Is the surviving spouse or domestic partner, the transfer on death
> deed is effective on the transferor's death with respect to the
> transferor's interest in the property as of the time of the transferor's
> death.
>
> (5) A transfer on death deed transfers property without covenant or
> warranty of title even if the deed contains a contrary provision.
>
> [ 2014 c 58 § 13.
> <http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/House/1117-S.SL.pdf?cite=2014%20c%2058%20§%2013.>
> ]
>
>
>
>
>
> *Jeanne*
>
>
>
> *Jeanne J.* *Dawes*
>
> Attorney at Law
>
> Gore & Grewe, P.S.
>
> 103 E. Indiana Avenue, Suite A
>
> Spokane, WA 99207-2317
>
> Voice:  509-326-7500 <(509)%20326-7500>
>
> Fax:      509-326-7503 <(509)%20326-7503>
>
> jjdawes at goregrewe.com
>
> INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND
> CONFIDENTIAL.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] *On Behalf Of *Tom Westbrook
> *Sent:* Monday, October 23, 2017 9:10 AM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* [WSBARP] TOD & Estate Recovery
>
>
>
> Do any of you know how estate recovery works on a TOD for decedent’s
> residence? In this case, Mother has transferred her residence to son by
> TOD. Mother is now in assisted living paying her own way, but not for much
> longer when she will need to apply for Medicaid support. There won’t be any
> need for probate in this case due to TOD. Does son get the property subject
> to the estate recovery lien? Does he need to give notice to DSHS when
> Mother passes?
>
>
>
> Sincerely,
>
>
>
> Tom
>
>
>
> Thomas J. Westbrook
>
> Attorney at Law
>
>
>
> [image: cid:image001.jpg at 01CFC835.0D3988D0]
>
>
>
> Rodgers, Kee & Card, P.S.
>
> 324 West Bay Drive NW, Suite 201
>
> Olympia, Washington  98502
>
>
>
> Phone: 360-352-8311 <(360)%20352-8311>
>
> Facsimile: 360-352-8501 <(360)%20352-8501>
>
> Email: tjw at buddbaylaw.com
>
> Skype: thomas.westbrook
>
> www.buddbaylaw.com
>
>
>
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-- 
Mary K. Henderson
Henderson Law Office PLLC
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Renton, WA 98057
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