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

[Rob Wilson-Hoss]

I have attached a brief that worked and that I have provided to others on this list serve the past couple of years. Some of the same issues. 

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of James L. Sorenson
Sent: Wednesday, January 27, 2016 3:00 PM
To: WSBA Probate & Trust Listserv
Cc: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Probate: Removing family member from deceased's home - Unlawful Detainer or Ejectment?

 

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

 

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