[WSBAPT] Removing deadbeat heir from house

[Ashley Raymond]

I'm dealing with a probate where we have just had the PR appointed. One of
the heirs (who is not receiving any share of the estate pursuant to the
will) has been living in the house since before the Decedent passed.

Based upon a former list serve email on this subject, I advised the PR to
have an eviction attorney handle getting the heir out of the house by
serving a 10-day notice for rent, which also states that a month-to-month
tenancy is created, and then to do an unlawful detainer action.

PR has been talking to an eviction attorney and has asked me to do the
following.

"Here is what we need to do, and hopefully you as the probate attorney can
get this done for us.

We need to prevent (heir) from selling, building etc anything to the
house.  So what we need to do thru the probate case (you) is petition the
court for an injunction to allow us to enter the property as owner and do
a
restraining order, restraining the current occupant of the home from
removing anything from the premises, damage etc etc to the home and
property.

Can you petition the court on an expedited manner to get a restraining
order for the property?"

Is this a normal course of action, and if so, would anyone who has done
this be willing to speak to me for a few minutes?

Thanks,
Ashley


Ashley Raymond, J.D., LL.M.

Ashley Raymond, PLLC

651 Strander Blvd., Ste. 215

Tukwila, WA 98188

Ph: 425-496-7495 | Fax: 425-523-3984

ashley at ashleyraymondlaw.com


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