[WSBAPT] Referral - Ejectment Actions re: Estate Property

Fri Oct 1 11:55:30 PDT 2021

This is all very helpful!  I am about to file a Petition for Distribution before closing a nonintervention probate.  The whole purpose of doing the Petition for Distribution is to ask the court to confirm that one of the two beneficiaries (who caused significant expense to the estate first by not moving out and having to be ejected, and second, by causing serious damage to the estate house while he lived there with a bunch of friends) should have all costs of ejectment and repairs assessed to his share of the estate.  My client, the PR and other estate beneficiary, kept careful records.

In actuality, this will mean he gets nothing from the estate.  We couldn't locate a mailing address for him after the ejectment until recently, so for that reason we didn't file anything earlier.  But now I'm ready to move forward with the petition, and it should be filed in the next week or two.

Best,
Candace Wilkerson

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Bruce Moen
Sent: Thursday, September 30, 2021 8:39 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; 'Solo and Small Practice Section' <solo-and-small-practice-section at list.wsba.org>
Subject: Re: [WSBAPT] Referral - Ejectment Actions re: Estate Property

I have had this issue repeatedly as a court appointed PR in contested estates.  The background is always a contentious estate and the court removes/ disqualifies  everyone involved and appoints someone with litigation experience as a neutral Successor PR.

If an heir or devisee is unreasonable, refuses to vacate when I need to sell the residence, or does anything to increase the cost of administration, then I call it out in an Interim Report or a Petition asking for some related relief and ask the court to impose liability and to adjust their distributive share accordingly.

How I decide to present it to the court is always ad hoc depending upon what else is happening in the administration and the sensibilities of the other parties.

As for authority, I cite 11.96A020-040 and the case law underscoring the role of  judicial discretion  in probate law.  A good case is  In Re Peterson's Estate, 12 Wn. 2d 686, 123 P.2d 733 (1942). There are others as well.

Agree as to rental value offsets as well.

If you can invoke the jurisdiction of the court (Rathbone notwithstanding), file pleadings which advise the court of the difficulties, and propose something fair and reasonable, and the court usually is helpful. Be prepared for opposition pleadings and contested hearings.

  -Bruce Moen

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 Philip N. Jones
Sent: Thursday, September 30, 2021 4:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; 'Solo and Small Practice Section' <solo-and-small-practice-section at list.wsba.org<mailto:solo-and-small-practice-section at list.wsba.org>>
Subject: Re: [WSBAPT] Referral - Ejectment Actions re: Estate Property

Diane raises an interesting question.  I have not found any authority (pro or con) on this issue down here in Oregon.  I would be very interested to know if there is any authority on point in Washington.  Or in Oregon, for that matter.
One possible solution that might work in some cases:  distribute all of the bequests to all of the other beneficiaries.  By doing so, the only remaining assets will be distributable to the trouble-maker.  Thus all future expenses (caused by the trouble-maker) will come out of the trouble-maker's share.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
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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: Thursday, September 30, 2021 3:43 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; 'Solo and Small Practice Section' <solo-and-small-practice-section at list.wsba.org<mailto:solo-and-small-practice-section at list.wsba.org>>
Subject: Re: [WSBAPT] Referral - Ejectment Actions re: Estate Property

Dalynne - you all will be busy for months.  This does make me think of another question on a more broad scale.  Is there any authority that allows a PR to assess direct costs to a beneficiary who has created the cost from that beneficiary's distributive share or do you need to get court permission?

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Dalynne Singleton
Sent: Thursday, September 30, 2021 3:22 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; 'Solo and Small Practice Section' <solo-and-small-practice-section at list.wsba.org<mailto:solo-and-small-practice-section at list.wsba.org>>
Subject: Re: [WSBAPT] Referral - Ejectment Actions re: Estate Property

My firm is handling several of these.
Dalynne Singleton
Gourley Law Group
360-568-5065

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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 Heather de Vrieze <heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>>
Sent: Thursday, September 30, 2021 3:16 PM
To: 'Solo and Small Practice Section'; 'wsbapt at lists.wsbarppt.com'
Subject: [WSBAPT] Referral - Ejectment Actions re: Estate Property

Who is accepting referrals for ejectment/eviction actions when an estate beneficiary refuses to vacate estate property?

I have one, maybe two estates I need to refer out. The immediate one is within the city of Seattle.

Heather

Heather S. de Vrieze
Attorney-at-Law
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