Estate Recovery Questionnaire

[markcanniff]

My mom passed away at the beginning of last month. She only had (maybe $6,000) in assets. Washington state has sent an "Estate Recovery Questionnaire" from the DSHS because my mom received state-provided medical. I have a house that I bought with my wife a year and a half ago (no help from any family members). This is my biggest asset to date.

My questions are: Can the DSHS put a lien on the property and come after us, using RCW 43.20b.080, as the reason? Can they only pursue the value of the estate? Is there anything else you can provide that might help?

 

[Zigner]

My mom passed away at the beginning of last month. She only had (maybe $6,000) in assets. Washington state has sent an "Estate Recovery Questionnaire" from the DSHS because my mom received state-provided medical. I have a house that I bought with my wife a year and a half ago (no help from any family members). This is my biggest asset to date.

My questions are: Can the DSHS put a lien on the property and come after us, using RCW 43.20b.080, as the reason? Can they only pursue the value of the estate? Is there anything else you can provide that might help?

What is making you feel that YOUR house can be affected by this?

 

[adjusterjack]

Your own home has nothing to do with your Mom's estate. You've cited the statute. Now read it.

https://app.leg.wa.gov/RCW/default.aspx?cite=43.20B.080

Can they only pursue the value of the estate?

Yes.

Is there anything else you can provide that might help?

https://www.washingtonlawhelp.org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/58A93BAB-BB6F-42A6-9833-136E68ACFFDA/5172en.pdf

https://www.hca.wa.gov/health-care-services-supports/program-administration/estate-recovery

That $6000 is probably fair game.

 

[adjusterjack]

What is making you feel that YOUR house can be affected by this?

Would it kill you to just answer the question?

 

[zddoodah]

Can the DSHS put a lien on the property and come after us, using RCW 43.20b.080, as the reason?

If "the property" means the house that you jointly own with your wife, the answer is no. Except as noted below, you're not responsible for your mother's debts. If "the property" means property that your mother owned, then the answer is maybe.

Can they only pursue the value of the estate?

Only your mother's estate is liable for her debts. If you receive assets from her estate without taking care of debts, then you could be liable up to the value of the assets you receive.

 

[Zigner]

Would it kill you to just answer the question?

I REALLY wanted more information from the OP before doing so. For example, if the OP has already spent all the money, then he may be concerned. I was hoping to address the specific concern, as well as the underlying reason for that concern.

 

[markcanniff]

Your own home has nothing to do with your Mom's estate. You've cited the statute. Now read it.

https://app.leg.wa.gov/RCW/default.aspx?cite=43.20B.080



Yes.



https://www.washingtonlawhelp.org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/58A93BAB-BB6F-42A6-9833-136E68ACFFDA/5172en.pdf

https://www.hca.wa.gov/health-care-services-supports/program-administration/estate-recovery

That $6000 is probably fair game.

Thank you

 

[markcanniff]

I REALLY wanted more information from the OP before doing so. For example, if the OP has already spent all the money, then he may be concerned. I was hoping to address the specific concern, as well as the underlying reason for that concern.

I didn't actually receive any money from the estate. Because the amount is so small, and I'm in a better financial position, I let my brother take the money. He is a caregiver, and helped mom for three years before she passed away.

I was just worried that that law didn't expand to other assets beyond the estate.

Thank you for your speedy reply.

 

[LdiJ]

My mom passed away at the beginning of last month. She only had (maybe $6,000) in assets. Washington state has sent an "Estate Recovery Questionnaire" from the DSHS because my mom received state-provided medical. I have a house that I bought with my wife a year and a half ago (no help from any family members). This is my biggest asset to date.

My questions are: Can the DSHS put a lien on the property and come after us, using RCW 43.20b.080, as the reason? Can they only pursue the value of the estate? Is there anything else you can provide that might help?

My mom passed away at the beginning of last month. She only had (maybe $6,000) in assets. Washington state has sent an "Estate Recovery Questionnaire" from the DSHS because my mom received state-provided medical. I have a house that I bought with my wife a year and a half ago (no help from any family members). This is my biggest asset to date.

My questions are: Can the DSHS put a lien on the property and come after us, using RCW 43.20b.080, as the reason? Can they only pursue the value of the estate? Is there anything else you can provide that might help?

This article from AARP has some detailed information on the subject of Estate Recovery. They can only try to recover from property owned or effectively owned by the deceased, at the time that they passed away. Since your mother never owned your home, nor gave you any money during the lookback period, DSHS cannot come after your home.

https://www.aarp.org/health/medicare-insurance/info-1996/aresearch-import-629-D16443.html

 

[markcanniff]

Would it kill you to just answer the question?

My apologies. I didn't think the answers would come in that quick. I was just worried they could go beyond the estate. Stupid question. But I thought it didn't hurt to ask. Thank you again.

 

[markcanniff]

This article from AARP has some detailed information on the subject of Estate Recovery. They can only try to recover from property owned or effectively owned by the deceased, at the time that they passed away. Since your mother never owned your home, nor gave you any money during the lookback period, DSHS cannot come after your home.

Thank you.

 

[Zigner]

My apologies. I didn't think the answers would come in that quick. I was just worried they could go beyond the estate. Stupid question. But I thought it didn't hurt to ask. Thank you again.

That post was directed at me because another poster didn't agree with the way I responded. You've done nothing wrong and that wasn't for you

 

[zddoodah]

My apologies. I didn't think the answers would come in that quick. I was just worried they could go beyond the estate. Stupid question. But I thought it didn't hurt to ask. Thank you again.

"adjusterjack's" "would it kill you" question wasn't directed at you.

 

[markcanniff]

Lol, thank you all for your incredible information so quickly. I admit, it's hard for me to track conversations in a forum. Hahaha....

Just very grateful for the information.

 

[adjusterjack]

I let my brother take the money.

That changes things. The money likely should have gone to the state and now you certainly could be personally liable for it. The state could come after both of you for it.