[WSBARP] Finality for Trustee When DSHS Does Not Assert Lien

[Nick Pleasants]

I was recently researching this issue. DSHS is required to seek reimbursement from nonprobate assets. RCW 43.20B.080(3); RCW 41.05A.090(3). The decedent’s irrevocable trust is subject to DSHS’s authority to collect provided the decedent had control at the time of death. Id., citing RCW 11.02.005; authorized by Federal law, 42 USC § 1396p(b)(4)(B). I’m not aware that DSHS would ever be time-barred.
This issue tends to come up during the sale of real property because title will require a sworn statement that there are no Medicaid liens, which often results in a payoff request to DSHS. It seems to me that the trustee/notice agent should just request a payoff statement from DSHS Office of Financial Recovery.
Best,
Nick
Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Edward Alexander
Sent: Wednesday, June 15, 2022 3:26 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Finality for Trustee When DSHS Does Not Assert Lien

A trustee wants finality regarding distributions to beneficiaries from an irrevocable trust. The settlor received Medicaid benefits before settlor died.

  *   If DSHS does not respond to the nonprobate creditors notice in 30 days, is Medicaid/DSHS (assuming no lien) barred like everyone else?
  *   If not, are there ways a trustee attain some peace of mind/finality regarding Medicaid/DSHS coming after the beneficiaries after distribution?


Edward Alexander

    [cid:image003.jpg at 01D88104.0BDF3760]

2319 ELM ST. BELLINGHAM, WA  98225
360-392-2872  ●  CHAALEXANDER.COM<chaalexander.com>



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