[WSBAPT] Probate: Removing family member from deceased's home - Unlawful Detainer or Ejectment?

[Lenard]

How did daughter gain possession?  If it was by permission of the owner then she is not under paragraph 6.  See Turner v. White, 20 Wn.App. 290, 291-92, 579 P.2d 410 (Div. 3 1978) 

According to Division 3 an unlawful detainer is not available against a tenant-at-will.  

If she is a tenant-at-will, that leaves ejectment and TEDRA.  Under 11.48.020 the PR has a right to possession of all estate property, but this statute is not tied into the UD framework.  Why not ask the court to use its plenary power under TEDRA to order a writ of restitution?

 

Lenard L. Wittlake 

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Thomas Gates
Sent: Wednesday, January 27, 2016 11:56 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Probate: Removing family member from deceased's home - Unlawful Detainer or Ejectment?

 

See RCW 59.12.030(6).  Only a three day Notice is required before starting Unlawful Detainer action.

 

Tom

 

On Wed, Jan 27, 2016 at 11:40 AM, David Faber <david at faberfeinson.com> wrote:

Good morning:

 

Client is PR. Deceased's daughter is currently living in home of deceased and needs to be removed. My first thought is a 20-day notice to terminate followed by unlawful detainer if she fails, but I recall a dispute about whether an unlawful detainer is appropriate for this sort of situation. Would an ejectment action be more proper? The house is being sold and the purchaser doesn't wants the daughter out as part of the transfer.




Best,

David J. Faber

Faber Feinson PLLC

210 Polk Street, Suite 1

Port Townsend, WA 98368
(360) 379-4110 <tel:%28360%29%20379-4110> 

 

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