[WSBAPT] Right of care providers to continue as occupants of home after death

[Andrew Hay]

Hello wise ones

I have a situation where in-home care providers of a decedent are changing locks to a home after the owner of the home died.  The care providers are not family.  The living arrangement was informal - nothing in writing.  The care providers are folks who are historically dependent on the generosity of others for survival.

The tenants have transferred title out of the owner's name on a valuable antique car after death (perhaps based on having possession of a signed title - we are not sure yet).  They are not deemed trustworthy as custodians of the property or papers in the home.  About $9000 was withdrawn from the decedent's accounts via ATM withdrawals while he was in his last week of life.  We are not sure if they are the culprits on this, but they are the only ones with known access.

The son of the decedent is the estate administrator.  The tenants have also blocked the son's access to the father's personal records in the home.

What is a good way to handle these folks?

What is the nature of the tenancy?

Is it excluded from RLTA under:

RCW 59.18.040.  Living arrangements exempted from chapter.

The following living arrangements are not intended to be governed by the provisions of this chapter, unless established primarily to avoid its application, in which event the provisions of this chapter shall control:

(8) Occupancy by an employee of a landlord whose right to occupy is conditioned upon employment in or about the premises.

            Does the estate administrator stand in the shoes of the decedent as a co-occupant of the home - therefore entitled to use of the home and freedom to take possession of property of the decedent.

            Is the tenancy converted to a month-to-month tenancy as a default tenancy after death?

            Can the estate charge rent now that no services are being provided?

            How to remove the tenants ASAP and get access to the home and personal papers?

            How to restrain use or transfer of the vehicle.


Andrew Hay
Hay & Swann PLLC
201 South 34th Street
Tacoma, WA  98418
Phone: (253) 272-2400
Fax:     (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>


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