[WSBARP] Creditor's Claim by DCM on behalf of Swedish Hospital

[Jane Bitz]

Doris:

Have you looked at RCW 11.54 et. seq.? It covers Post Death Creditor Claim Exemptions. The basic award is the homestead allowance, but there are factors that the Court can use to increase that award. 11.54.040 has those factors, maybe that will help your client. The case law is very favorable to the surviving spouse and family.

I would file the Petition for a Spousal/Family Support award rather than start with a rejection of the claim, or include a rejection of the claim in the Petition for the Spousal/Family Support Award.

Jane.

Jane G. Bitz
Of Counsel
WHC Attorneys PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Doris Eslinger
Sent: Monday, March 11, 2024 8:15 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Creditor's Claim by DCM on behalf of Swedish Hospital

DCM filed a creditor's claim against one of my probate matters for medical bills of over $177K on behalf of Swedish.   The decedent had Premera medical insurance.  I found out that Swedish administered very expensive drugs to treat his cancer and the Premera rejected the claim stating that the drug used was experimental and ineffective for that type of cancer  (Swedish appealed the decision and Premera again rejected it).  Premera stated that an outside expert was hired to made the determination.  I believe Swedish should have known what the insurance company's expert knows and shouldn't have administered the drug and then come after the estate for payment.  I asked the surviving spouse whether she and her husband signed any agreement that if medical insurance didn't cover the medicine that they would cover it. She said they signed so many papers she doesn't know what they signed and that they were overwhelmed by his illness (the surviving spouse and the decedent are/were in their early 30's without any family in this country).  The estate's assets exceed the homestead amount plus the amount of the claim so that homestead award doesn't help.  Does anyone have any idea or experience on how to approach this?  Negotiate with DCM/Swedish?  Reject the claim and expect a law suit?  Pay the claim? Contact Premera to appeal their decision?   Thank you!

Regards,

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC
2200 112th Ave NE, Suite 200
Bellevue, WA 98004
Phone: (425) 451-3237

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