[WSBARP] TEFRA lien; abatement -

[Dominique Zervas]

Greetings List-mates -and thank you in advance for your time and knowledge:


Some facts:

Property-A:

Client is co-tenant in common (TIC) on Property-A; Decedent is the other TIC.

There is a TEFRA lien on Property-A for medical services Decedent received and that Medicaid paid for (it is my understanding that, legally, the lien is only on Decedent's interest in Property-A--please feel free to correct me if I'm wrong).

Per Decedent's Will, Decedent's interest in Property-A goes to H1 and H2.

Decedent's PR is seeking partition of Property-A (that's where I come in on Client's behalf-I'm just the attorney for the partition matter, and am working to avoid partition, with Client purchasing Decedent's interest in Property-A).

Property-B:

Decedent left other real property (Property-B) - the same TEFRA lien attaches to Property-B.

Decedent left a life estate in Property-B to H3, and the remainder to H4.

Questions:


  1.  If Decedent's PR sells Decedent's interest in Property-A to Client, is the TEFRA lien removed from the interest transferred?
  2.  As to the specific bequest of Decedent's interest in Property-A-where does the TEFRA lien fit in with respect to the abatement set out in RCW 11.10.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.10.010>; that is, is it treated as a "regular" creditor claim, which it is my understanding, are paid first from
(a) Intestate property;
(b) Residuary gifts;
(c) General gifts; and finally from
(d) Specific gifts?



Or some other kind of claim that is paid by assets in another order?



Also, if other issues come to mind that you think I should be considering in connection with the lien/probate/abatement, etc. I welcome your thoughts.


Feel free to either contact me via email or phone. Again, thank you in advance for your time and knowledge.

Sincerely,

Dominique Zervas





ZERVAS LAW, PS
1909 Broadway
Bellingham, WA 98225
360.733.2010
http://zervaslaw.com<http://zervaslaw.com/>

Exceptional Service - Meaningful Solutions
Real Estate * Land Use * Business Formation * Estate Planning & Probate

CONFIDENTIAL INFORMATION  DO NOT read, copy or disseminate this communication unless you are the intended addressee.  This email communication contains confidential and privileged information intended only for the addressee.  If you have received this email in error, please delete it and notify the sender immediately.  Thank you.


From: Dominique Zervas
Sent: Tuesday, January 31, 2023 9:03 AM
To: 'wsbarp-bounces at lists.wsbarppt.com' <wsbarp-bounces at lists.wsbarppt.com>
Subject: TEFRA lien; abatement


Greetings Listmates :

Client is co-tenant in common with Decedent, who received Medicaid benefits.

There is a TEFRA lien on the Property (it is my understanding that, legally, the lien is only on Decedent's interest in the Property--please feel free to correct me if I'm wrong).

Decedent's PR is seeking partition of the Property (that's where I come in on Client's behalf).

Questions:


  1.  If Decedent's PR sells Decedent's interest in the Property to Client, is the TEFRA lien removed from the interest transferred?
  2.  Decedent's Will includes a specific bequest of Decedent's interest in the Property-where does the TEFRA lien fit in with respect to the abatement set out in RCW 11.10.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.10.010>; e.g, is it treated as a "regular" creditor claim, which it is my understanding, are paid first from
(a) Intestate property;
(b) Residuary gifts;
(c) General gifts; and finally from
(d) Specific gifts?


Feel free to either contact me via email or phone. And thank you in advance for your time and knowledge.

Sincerely,

Dominique Zervas




ZERVAS LAW, PS
1909 Broadway
Bellingham, WA 98225
360.733.2010
http://zervaslaw.com<http://zervaslaw.com/>

Exceptional Service - Meaningful Solutions
Real Estate * Land Use * Business Formation * Estate Planning & Probate

CONFIDENTIAL INFORMATION  DO NOT read, copy or disseminate this communication unless you are the intended addressee.  This email communication contains confidential and privileged information intended only for the addressee.  If you have received this email in error, please delete it and notify the sender immediately.  Thank you.


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