[WSBAPT] Client Liability for Property as Heir

[Eric Nelsen]

This is a bummer but I think there is some real risk for client. Real property just isn't allowed to be abandoned; somebody has to own it and the person who owns it is responsible for it. RCW 11.04.250 pushes that ownership onto the heirs at law automatically, for better or worse. I suppose somebody could technically disclaim/waive their inheritance, but I'm not sure what effect that would have at this late date here.

There are possible equitable arguments to make to defend against liability, but nothing I can think of actually avoids getting named as the responsible party in the first place. Except maybe a "cash for keys" deal with the lender, where lender agrees to take on all liabilities? But the client is only one of three heirs, so they'd all have to agree to do that.

There genuinely is no equity at all in the property? Even in the current market?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Wednesday, December 15, 2021 3:58 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Client Liability for Property as Heir

Client's parents are the titled owners of real property in King County and are both deceased, father died more than 5 years ago, survived by his wife who died over 2 years ago. Client is one of mom's three heirs. She did not have a will.

Primary asset of the estate was a home, heavily mortgaged. Expectation is that bank would foreclose and there was no need to probate.

Property was in disrepair when parents died, and has gotten worse over the time since, including being used as a flophouse, drug-den, etc. Bank couldn't foreclose/evict because of COVID. Now client has received a summons and complaint alleging he is responsible for the code violations on the property as a "de-facto" owner and heir.

Does he need to be worried? Is there any easy way to get his name off of this lawsuit? He wants nothing to do with the property and is terrified of being named as a defendant in this lawsuit.

Thoughts? Anyone have any bright ideas for this client?

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D7F1D3.E68E5500]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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