[WSBAPT] Probate Eviction

Thu Aug 10 14:22:54 PDT 2017

This has been a lively exchange and I could imagine situations where the
possession of the premises were acquired in a way that could prevent the
assertion of unlawful detainer.  but absent those unusual circumstances, it
seem UD would work well.

Thank you.

Jim Doran

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com

On Thu, Aug 10, 2017 at 2:12 PM, Rob Rowley <rob at rowleylegal.com> wrote:

> RCW 59.18.140 allowing for 30 day notice change in terms.
>
>
>
> Also look at RCW 59.18.230(1), which envisions oral agreements.
>
>
>
> Robert R. Rowley
>
> Attorney At Law
>
> (509) 252-5074 (w)
>
> (509) 994-1143 (c)
>
> rob at rowleylegal.com
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] *On Behalf Of *Craig Gourley
> *Sent:* Thursday, August 10, 2017 1:54 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Probate Eviction
>
>
>
> You make them a tenant by demanding rent.
>
>
>
> *Gourley Law Group*
>
> *Snohomish Escrow*
>
> *The Exchange Connection*
>
>
>
> 1002 10th Street / PO Box 1091
>
> Snohomish, WA 98291
>
>
>
> 360.568.5065 <(360)%20568-5065>
>
> 360.568.8092 <(360)%20568-8092>  fax
>
> *Craig at glgmail.com <Craig at glgmail.com>*
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>] *On Behalf Of *G. (Gus)
> Benjamin Lindsey III
> *Sent:* Thursday, August 10, 2017 1:48 PM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Probate Eviction
>
>
>
> Well in my case the unlawful detainer was not an option as the person was
> clearly not a tenant. If fact, an attempt was made by an attorney to seek
> protection on behalf of the person via the unlawful detainer statute and
> the commissioners kicked the case out holding that the Resident-Landlord
> Tenant Act did not apply and that ejectment was the only way to seek a
> remedy.
>
>
>
>
>
> Sincerely,
>
>
>
> G. (Gus) Benjamin Lindsey III
>
> Attorney-at-Law
>
>
>
> The Law Office of G. Benjamin Lindsey III
>
> 2012 Grade Road, Suite 202
>
> Lake Stevens, WA 98258
>
>
>
> Phone:   (425) 263-9585
>
>
>
> website: www.gbl3law.com
>
>
>
> Employment/Labor Law     Construction Law     Civil Litigation     Estate
> Planning      Probate
>
> Business Law
>
>
>
> CONFIDENTIALITY NOTE: This e-mail message contains information belonging
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> If you are not the intended recipient, any dissemination, distribution or
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>] *On Behalf Of *Jim Doran
> *Sent:* Thursday, August 10, 2017 1:38 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] Probate Eviction
>
>
>
> This approach, an unlawful detainer process, seems like the most
> straightforward.  Is there some reason an ejectment action would be
> preferred?
>
> Jim
>
>
>
> James R. Doran
>
> Attorney at Law
>
> 100 E. Pine Street -  Suite 205
>
> Bellingham, WA 98225
> (360)393-9506 <(360)%20393-9506>
>
> jim at doranlegal.com
>
> www.doranlegal.com
>
>
>
> On Thu, Aug 10, 2017 at 1:33 PM, Craig Gourley <craig at glgmail.com> wrote:
>
> We just finished one.  We had the PR present a written demand for rent and
> when not paid we proceeded under the regular landlord tenant statute. Did a
> three day notice along with a 20 day notice to quit.   Seems to work fine
> as we have done it more than once and in  various counties.
>
>
>
> *Gourley Law Group*
>
> *Snohomish Escrow*
>
> *The Exchange Connection*
>
>
>
> 1002 10th Street / PO Box 1091
>
> Snohomish, WA 98291
>
>
>
> 360.568.5065 <(360)%20568-5065>
>
> 360.568.8092 <(360)%20568-8092>  fax
>
> *Craig at glgmail.com <Craig at glgmail.com>*
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] *On Behalf Of *G. (Gus) Benjamin Lindsey III
> *Sent:* Thursday, August 10, 2017 1:26 PM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Probate Eviction
>
>
>
> I dealt with one of these and it was a mess. There was no relationship -
> the decedent allowed a lady to reside in his home as a friend on hard
> times, and she refused to leave after his death. (She was not an
> heir/beneficiary under the will.)
>
>
>
> She refused to move, complaining that some fictional government agency had
> quarantined the house due to her exposure to some virus not found in the US.
>
>
>
> We sued seeking an ejectment and then immediately filed an SJ in order to
> get the Writ.
>
>
>
>
>
> Sincerely,
>
>
>
> G. (Gus) Benjamin Lindsey III
>
> Attorney-at-Law
>
>
>
> The Law Office of G. Benjamin Lindsey III
>
> 2012 Grade Road, Suite 202
>
> Lake Stevens, WA 98258
>
>
>
> Phone:   (425) 263-9585
>
>
>
> website: www.gbl3law.com
>
>
>
> Employment/Labor Law     Construction Law     Civil Litigation     Estate
> Planning      Probate
>
> Business Law
>
>
>
> CONFIDENTIALITY NOTE: This e-mail message contains information belonging
> to The Law Office of G. Benjamin Lindsey III, which may be privileged,
> confidential and/or protected from disclosure.  The information is intended
> only for the use of the individual or entity named above.  If you think
> that you have received this message in error, please contact the sender.
> If you are not the intended recipient, any dissemination, distribution or
> copying is strictly prohibited
>
>
>
>
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com <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
>
> '  phone:  (425) 454-3374 (office)
>
> 7  fax:  (425) 454-0087 (fax)
>
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