[WSBAPT] Beneficiary Eviction?

Mon Feb 7 21:51:18 PST 2022

Hi Amy,

The creditor claims, attorney fees,   claim from DSHS all have to be paid prior to closing.  I recommend a short term loan from a private lender.  Get a petition and order from the probate giving authorization to borrow and laying out the big picture.  Notice to the boyfriend legatee.  When you distribute to him upon the closing of the administration, he will be left holding the bag on the loan.

As for your client, I sense that she is distressed that she resides next door to a bad neighbor.  Not a probate problem. Many municipalities have local law that let’s an inspector view the premises when a complaint is made, can declare the property a nuisance and start the process to abate the nuisance.  Some (Seattle) can send in contractors to remedy an unsafe house and impose a lien for the value of their services. Your client may then have a shot at purchasing the lien and foreclosing it.   Any such plan should be remote form the closing of the probate because the PR would be acting in her own self interest at this point  which would seem to be a conflict of interest and a breach of duty. That’s why she cannot purchase the DOT from a private lender.

  -Bruce Moen

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Cody Moore
Sent: Monday, February 7, 2022 7:00 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Beneficiary Eviction?

We’ve had this in Idaho but not in Washington so grain of salt here:  You may look at an ejectment action. Not sure this works as an eviction.  Should be able to will the asset even if it’s a specific bequest if the estate is insolvent.  Advise him to get legal counsel. The house is going to have to be sold, but he could wind up with some cash if he doesn’t cause the estate run up a giant bill dealing with his behavior

On Mon, Feb 7, 2022 at 5:58 PM Amy Goertz <amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>> wrote:
I apologize if that was not clear - there is no money in the estate. The bank account is overdrawn and the house is the only asset. There was a car and jewelry, which the beneficiary now claims were “stolen” from the home.

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>

1.888.926.2607 phone
1.877.684.1627 fax
Address for correspondence:
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Spokane, WA 99203<https://www.google.com/maps/search/2829+S.+Grand+Blvd.,+Suite+303+Spokane,+WA+99203?entry=gmail&source=g>

Additional office locations:
510 Bell Street<https://www.google.com/maps/search/510+Bell+Street+Edmonds,+WA+98020?entry=gmail&source=g>
Edmonds, WA 98020<https://www.google.com/maps/search/510+Bell+Street+Edmonds,+WA+98020?entry=gmail&source=g>

Goertz & Lambrecht PLLC
www.goertzlambrecht.com<http://www.goertzlambrecht.com/>

On Feb 7, 2022, at 5:39 PM, Marvin Benson <marvinbensonlaw at gmail.com<mailto:marvinbensonlaw at gmail.com>> wrote:

If he is receiving the house as part of his inheritance from the estate, and the estate is solvent and able to pay administrative expenses,  what is the problem?

On Sun, Feb 6, 2022 at 7:16 AM Amy Goertz <amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>> wrote:
Good morning,

I have a new situation that I am sure one of you may have dealt with before. My client is the P.R. of an estate in Pierce County. She is the neighbor of the decedent and lives across the street. She is elderly and doing her best but is at her wits end with the beneficiary.

The decedent left her house (no mortgage) and the bulk of her estate to her live-in boyfriend. He is in his 60s and currently living in the house with a roommate. By all accounts, the house is in a state of disrepair, a mess (like a hoarder) and there are electrical and plumbing issues that are being ignored. It is my understanding that the boyfriend is an alcoholic who sits around all day drinking. He initially told me that he does remodeling work and that he can fix the problems with the house. However, he’s been living there for years and has never done any sort of work or repairs on the home. He’s done nothing towards making the house better since the decedent’s passing in October and, in fact, sold her car and pawned the items on the Personal Property list that were specifically designated to others.

There are approximately $20,000 in outstanding property taxes, creditor claims, attorney fees, etc, including a claim from DSHS. There are no liquid assets - just the house.

The boyfriend/beneficiary believes that he is in charge and he does not agree with selling the house. On his minimal income, cannot afford even to pay the property taxes and utilities on the house or maybe with the roommate’s rent he can pay those bills but he doesn't. He has repeatedly asked how long he could live there and not pay property taxes before they seize the house. We’ve tried to get him to look into a reverse mortgage, fix the house, or find a less expensive place to live but he intends to “squat” in this house until he is forced out. It is my understanding that in order to qualify for a reverse mortgage the house would need to be up to code and it is far from it.

Any thoughts on how best to wrap up the estate? I wish I could get the beneficiary to do something to help himself but the P.R. and I have talked ourselves blue in the face trying to get him off the couch to do something other than pawn the items in the house.

Thanks for reading my Sunday morning rambling - I appreciate any input you may have.

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>

1.888.926.2607 phone
1.877.684.1627 fax
Address for correspondence:
2829 S. Grand Blvd., Suite 303<https://www.google.com/maps/search/2829+S.+Grand+Blvd.,+Suite+303+Spokane,+WA+99203?entry=gmail&source=g>
Spokane, WA 99203<https://www.google.com/maps/search/2829+S.+Grand+Blvd.,+Suite+303+Spokane,+WA+99203?entry=gmail&source=g>

Additional office locations:
510 Bell Street<https://www.google.com/maps/search/510+Bell+Street+Edmonds,+WA+98020?entry=gmail&source=g>
Edmonds, WA 98020<https://www.google.com/maps/search/510+Bell+Street+Edmonds,+WA+98020?entry=gmail&source=g>

Goertz & Lambrecht PLLC
www.goertzlambrecht.com<http://www.goertzlambrecht.com/>

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Cody R. Moore
Member of the Firm
Westberg Roepke Moore, PLLC
530 S. Asbury Street Suite 2
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