Legal Opinion
Department of Social & Health Services v. Call
Court of Appeals of Washington
Decided August 28, 2012No. 42085-6-IIPublishedCited by 1 opinion
1Opinion of the Court
Johanson, A.C.J.
¶1 Federal law does not exempt from creditor claims a beneficiary’s cash assets derived from Social Security and veterans’ benefits after the beneficiary’s death. Accordingly, in this case of first impression in Washington, we affirm the trial court’s finding that Wayne McPherson’s cash assets derived from Social Security and veterans’ benefit payments are no longer shielded, under 38 U.S.C. § 5301 and 42 U.S.C. § 407(a), from creditor claims after his death. Also, McPherson’s home is not exempt from creditors because neither he nor any of his dependents reside in it.
FACTS
¶2…
2Cases cited11 opinions
- Washington State Department of Social & Health Services v. Guardianship Estate of KeffelerSupreme Court of the United States · 2003
- Lawrence v. ShawSupreme Court of the United States · 1937
- Frank C. Fetterusso, Otto Hofendiener, and Leonard Giardiana v. State of New York, New York State Office of Mental HealthCourt of Appeals for the Second Circuit · 1990
- United States v. GriffithCourt of Appeals for the Tenth Circuit · 2009
- Pagel v. PagelSupreme Court of the United States · 1934
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3Cited by1 opinion
- State ex rel. Oregon Health Authority v. CueCourt of Appeals of Oregon · 2017