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

[Craig Gourley]

You can also use a partition action if that process works better for you than the probate action. I don't do probate so I don't know how the court handles allocation of proceeds in the probate. I  presume a partition is more costly because you need referees.  However, I have had judges grant the referee signature power in the case of uncooperative parties which may be a benefit in this case.

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________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Ms. Roberta Armstrong <labor4law at yahoo.com>
Sent: Saturday, November 23, 2019 4:46:08 PM
To: wsbapt at lists.wsbarppt.com <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Decedent's Nephew Unauthorized Tenancy is Destroying Estate Home


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



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



Probate was completed with a final probate 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's death, Decedent went through a successful but length eviction process getting his nephew removed from the home when his brother (co-tenant) allowed his son to move in. The court awarded $70K in damages to Decedent as a result of the son's damage to the home. Now, PR learned Decedent's brother (co-tenant) allowed his son again to move into the home without her knowledge or consent.



PR has reopened probate to motion for the home to be sold. There is considerable litigation history between Decedent and brother and now PR and brother around this home.



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



Does this knowledgeable group have any thoughts on how to proceed?



Another eviction action would be fruitless. PR wants the home sold and the total sales proceeds to go to the estate (50% as co-owner of the home and the remaining 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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