[WSBAPT] Referral - Ejectment Actions re: Estate Property

[Heather de Vrieze]

Diane,

I'm not sure about the assessing costs issue, but I do think there is an argument for the Personal Representative deducting rent from the distribute due the beneficiary who refuses to move from the estate house. Fair rent may have been $2000/month. I see no reason the Personal Representative couldn't charge $1000/month against that beneficiary's share at ultimate distribution. One beneficiary out of four doesn't have the right to that benefit of the estate that the others do not get.

I'm interested about others thoughts on assessing costs as well. Some families wouldn't care, they just want it resolved, but it can also be a bargaining chip in the negotiation to get them out voluntarily.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D7B615.AD4EF3C0]
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/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

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From: wsbapt-bounces at lists.wsbarppt.com <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>; 'Solo and Small Practice Section' <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
[cid:image001.jpg at 01D7B615.AD4EF3C0]
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/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

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