[WSBAPT] Decedent's Nephew Unauthorized Tenancy is Destroying Estate Home

[Ms. Roberta Armstrong]

Client was Decedent's significantother and is Personal Representative of Decedent's estate. 

 

Decedent's will gave PR a lifeestate with remainder to great-grandchildren in a 50% ownership in his mother'shome which he owned as tenants in common with his brother. 

 

Probate was completed with a finalprobate order giving PR a life estate with remainder to great-grandchildren.The home remained vacate and PR returned home to the east coast.

 

A few years prior to Decedent'sdeath, Decedent went through a successful but length eviction process gettinghis nephew removed from the home when his brother (co-tenant) allowed his sonto move in. The court awarded $70K in damages to Decedent as a result of the son'sdamage to the home. Now, PR learned Decedent's brother (co-tenant) allowed hisson again to move into the home without her knowledge or consent. 

 

PR has reopened probate to motionfor the home to be sold. There is considerable litigation history betweenDecedent and brother and now PR and brother around this home. 

 

The motion to reopen probate hasbeen granted. The motion to sale probate asset is pending and the brother has retainedcounsel. The home has lost substantial value, about $110K, and is currentlyappraised at $60K. It appears clear nephew is destroying the home to be able to purchase at a low cost. 


 

Does this knowledgeable group haveany thoughts on how to proceed? 

 
Another eviction action would be fruitless. PR wants the home sold and the totalsales proceeds to go to the estate (50% as co-owner of the home and theremaining amount due Decedent’s estate by the court order against brother for$70K from the prior eviction). Sample pleadings would be great too.
Thank you in advance. I look foreard to your reply.



Ms. Roberta Armstrong  (425) 737-5448

WSBA #42343





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