[WSBAPT] Probate Eviction

Jane Bitz jbitz at whc-attorneys.com
Thu Aug 10 13:07:06 PDT 2017


Since she is a "tenant at will" you will need to file an ejectment action.

I did one of these and filed it as a TEDRA action so that it could be dealt with at the initial hearing in the Presiding Department in Spokane Co. I had my PR sign a Declaration supporting the ejectment with the facts that the house was the only asset of the estate, her brother & family had been living with his mom, he had received approx. $25,000 from life insurance, was financially able to move, but had not and was "wasting" the asset (trashing the place & not paying utilities, etc). He showed up at the initial hearing and we got an Order that he had to move w/i 30 days, if not I could go get a Writ of Restitution from the Clerk. We had to get the Writ. Then it is just like any other eviction. We asked that all costs of the TEDRA, etc were assessed against his share of the estate; the Court agreed and we were able to off-set all fees & costs against his share.

Jane Bitz.

Jane G Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jbitz at whc-attorneys.com<mailto:jane at jbitzlaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sandy J. Cairns
Sent: Thursday, August 10, 2017 11:57 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Probate Eviction

Hello,

Decedent and girlfriend lived in condo owned by decedent. Girlfriend permitted to continue to live in condo during creditor claim period, paying mortgage and utilities. Condo now needs to be sold to pay estate expenses. Girlfriend cannot afford to buy condo.

What can be done if girlfriend refuses to vacate?

Best,
Sandy

Sandy J. Cairns   |   Attorney

HANSON BAKER LUDLOW DRUMHELLER P.S.
2229 - 112th Avenue NE, Suite 200   |   Bellevue, WA 98004
*  email: scairns at hansonbaker.com<mailto:scairns at hansonbaker.com>
'  phone:  (425) 454-3374 (office)
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