[WSBAPT] abandoned personal property

[Diane J. Kiepe]

Thanks!

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Monday, November 15, 2021 9:29 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] abandoned personal property

I would hesitate before conceding that a bailment exists; that particular type of legal relationship is pretty tangled. See Collins v. Boeing Co., 4 Wn.App. 705, 483 P.2d 1282 (1971), describing the differences between consensual bailments and constructive or involuntary bailments. I am pretty sure that Ch. 63.24 RCW is only intended to deal with consensual bailments, like a car parked at a private lot or items at a pawnshop or storage unit or whatever: a situation where the owner delivers the property and the current possessor "assumes or accepts" possession. It is very much a matter of intention of each party. As Collins mentions, it's possible that "occupier's intention may be merely to permit the personal property to remain on the premises without any intention to assume either custody or possession..." 4 Wn.App. at 712. If a bailment is "gratuitous" then the duty is only of "slight care." Id. at 714, and cases cited there.

If the facts here support that the in-law has just left stuff at client's house with client's permission but without client intending to take "possession" of it, I think it would be permissible to give the owner reasonable notice that the stuff is all going to be put on the curb on X date unless they come to pick it up sooner. But in general, how much care I would take would depend in part on how valuable any of it is.

See also Eifler v. Shurgard Capital Management Corp., 71 Wn.App. 684, 861 P.2d 1071 (1993).

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>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Diane J. Kiepe
Sent: Sunday, November 14, 2021 7:26 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] abandoned personal property

Hello All,

I hope you had a great weekend.  I have a situation for the second time this year involving people who won't pick up their stuff from another's property.  First case friend, second case is an in-law who won't get property off my client's property.  Best I can tell RCW 63.24 applies and after 60 days notice a "bailee" is to deliver the property the police chief or sheriff for them to dispose of the same (assuming the property is valued over $100).  I am curious if any of you have actually gone through this process.  It seems a bit odd to me that people can leave stuff on your property and you have to deliver it (the statute does say that if the police sell it you can be reimbursed for costs).  The statute does not define bailee but the term seems to fit here thus putting client within the statute of 62.34 -

Any thoughts or personal experiences you can share on this type of situation is greatly appreciated.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20211115/2a18b1c1/attachment.html>