[WSBAPT] Probate Eviction

Thu Aug 10 16:58:37 PDT 2017

To address Paul’s question further, I think that there is also  the interplay of the right of the PR to administer the estate property and the presumption in section 11.04.250 about heirs claiming the interest in the decedent’s property, by operation of law.  The Right to administer in the PR trumps the presumption of 11.04.250 in favor of the heirs at law. So the application for ejectment is the means by which to defeat the presumption of rights  by operation of law. Unless the will of the decedent makes a specific devise of the real property to the squatting heir, the courts recognize the right of the PR to administer and dispose of the real property without interference of the squatter, even though they benefit from the estate.

And I also include the kitchen sink when it comes to remedies, by seeking termination of tenancy at will and ejectment, because I see these cases argued and judges discuss both theories. So, right or wrong,  one way or the other I get my client the relief they need.
Since the ejectment statute does not include the right to attorney’s fees, I include a claim under TEDRA when I file these claims for ejectment against heirs. I would argue that such action comes within the purview of TEDRA.
But, I have never taken the matter far enough to find out if a judge would award fees on that basis.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, August 10, 2017 4:16 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Probate Eviction

Ejectment is the common law method of booting someone with no title interest in the property. UD is an expedited statutory procedure that is limited in scope and only usable if the strict statutory requirements are met. But in an equity court, ejectment is the means--it's just typically slower and more expensive than UD.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Thursday, August 10, 2017 3:57 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Probate Eviction

How does using the ejectment process avoid those issues?  It seems to me that the person can equally resist an ejectment action with the argument that you can’t eject a co-tenant as well as make the same argument in an UD action. In other words, how does using the ejectment process instead of the UD process defeat those arguments? 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jane Bitz
Sent: Thursday, August 10, 2017 3:00 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate Eviction

In my case, the reason that we had to use an Ejectment Action (coupled with a TEDRA) was that the holdover Tenant was the decedent’s son who was an heir to her estate. There is an argument to be made that he is a joint tenant in the real estate with the right to occupy. 

His sister was appointed as Administrator with his agreement. He started out saying he would move when the life insurance money came in. Instead he and his wife went on a spending spree.

RCW 11.04.250 says that no probate or decree of distribution is necessary to vest title in “heirs or devisees”. I did not want to get into a battle about whether the estate could charge him rent or not & if he only had to pay 50% of the reasonable rental value. I got the feeling that he would have done this and frozen his sister out of receiving her inheritance for as long as possible. 

Jane Bitz.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Thursday, August 10, 2017 2:23 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate Eviction

This is the notice I have successfully many times in the past:

Tenancy-At-Will Termination Notice
And Demand for Rent

NOTICE TO:   [tenant]                                 All Occupants
  [address]                                      [address]

YOU AND EACH OF YOU ARE HEREBY NOTIFIED AND INFORMED that permission to use the premises located at [address] is hereby withdrawn.

Consequently, you must vacate the premises by no later than [date].  If you stay on the premises after [date], you agree to a month-to-month tenancy at the rate of $ 1,200.00 a month commencing from [date] to [date thirty days later], and continuing thereafter, with rent due in advance and due and payable commencing on [date].  You also agree to the assessment of a late charge of $100.00 if rent is not received within five days from the date it becomes due and payable.  You agree to the payment of all utilities including power, gas, garbage, water and sewer.  Finally, you agree to the establishment of a landlord-tenant relationship upon the terms and conditions set forth under the Residential Landlord Tenant Act, Chapters 59.12 and RCW 59.18.

[today’s date]

                                                                                                     [client]

By: ________________________

Just as Mr. Rowley, when the newly-designated tenant doesn’t pay, then you serve the tenant with a combined 3-day and 20-day notice.  That way, even if the tenant pays the monthly rent, you remove them under the 20-day notice.  

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rob Rowley
Sent: Thursday, August 10, 2017 1:59 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate Eviction

I have repeatedly successfully used a 30 day change in terms notice imposing a substantial amount of monthly rent.  When not paid a three day notice and then set for show cause hearing.  

Also, simultaneously issuing a 20 day notice to terminate tenancy.  So at the time of the show cause hearing under RCW 59.18 there are no issues as to possession.  Try to keep things simple for the judges who have very little experience.

Robert R. Rowley | Attorney at Law
7 S. Howard St, Suite 218
Spokane, WA  99201
Telephone: (509) 252-5074
Mobile: (509) 994-1143
Facsimile: (509) 928-3084
Email:  <mailto:rob at rowleylegal.com> rob at rowleylegal.com
Web Site:  <http://www.rowleylegal.com/> www.rowleylegal.com

Practice concentrated on business, real estate and general legal matters in Washington and Idaho.

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Thursday, August 10, 2017 1:33 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate Eviction

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
360.568.8092  fax
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:  <http://www.gbl3law.com/> www.gbl3law.com

Employment/Labor Law     Construction Law     Civil Litigation     Estate Planning      Probate     
Business Law

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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:  <mailto:scairns at hansonbaker.com> scairns at hansonbaker.com
'  phone:  (425) 454-3374 (office)
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