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

[James L. Sorenson]

I had a similar problem with a brother who would not leave. The PR tried an unlawful detainer action and the commissioner said that unless a lease was offered  or the brother was willing to pay rent that an unlawful detainer would not work.  The PR used an ejectment action with B. Jacob Bozeman (425 248-2164) and was successful.  He could solve this problem for you.  He has been successful for many of my clients.

James L. Sorenson
Attorney at Law
929 N. 130th Suite14
Seattle, Washington  98133
206 365-0346

On Jan 27, 2016, at 12:51 PM, Lenard <lwlaw at my180.net> wrote:

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
 
*** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.  This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this communication in error, and destroy the copy you received.***

_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt
 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160127/2869984a/attachment.html>