[WSBAPT] Abandoned vehicles on decedent's property

[Tom Westbrook]

And you might want to look at this:



*RCW 46.55.230 <http://app.leg.wa.gov/RCW/default.aspx?cite=46.55.230>*

*Junk vehicles**—**Removal, disposal, sale**—**Penalties**—**Cleanup
restitution payment.*

(1)(a) Notwithstanding any other provision of law, any law enforcement
officer having jurisdiction, or any employee or officer of a jurisdictional
health department acting pursuant to RCW *70A.205.195*
<http://app.leg.wa.gov/RCW/default.aspx?cite=70A.205.195>, or any person
authorized by the director shall inspect and may authorize the disposal of
an abandoned junk vehicle. The person making the inspection shall record
the make and vehicle identification number or license number of the vehicle
if available, and shall also verify that the approximate value of the junk
vehicle is equivalent only to the approximate value of the parts.

(b) A tow truck operator may authorize the disposal of an abandoned junk
vehicle if the vehicle has been abandoned two or more times, the registered
ownership information has not changed since the first abandonment, and the
registered owner is also the legal owner.

(2) The law enforcement officer or department representative shall provide
information on the vehicle's registered and legal owner to the landowner.

(3) Upon receiving information on the vehicle's registered and legal owner,
the landowner shall mail a notice to the registered and legal owners shown
on the records of the department. The notification shall describe the
redemption procedure and the right to arrange for the removal of the
vehicle.

(4) If the vehicle remains unclaimed more than fifteen days after the
landowner has mailed notification to the registered and legal owner, the
landowner may dispose of the vehicle or sign an affidavit of sale to be
used as a title document.

(5) If no information on the vehicle's registered and legal owner is found
in the records of the department, the landowner may immediately dispose of
the vehicle or sign an affidavit of sale to be used as a title document.

(6) It is a gross misdemeanor for a person to abandon a junk vehicle on
property. If a junk vehicle is abandoned, the vehicle's registered owner
shall also pay a cleanup restitution payment equal to twice the costs
incurred in the removal of the junk vehicle. The court shall distribute
one-half of the restitution payment to the landowner of the property upon
which the junk vehicle is located, and one-half of the restitution payment
to the law enforcement agency or jurisdictional health department
investigating the incident.

(7) For the purposes of this section, the term "landowner" includes a legal
owner of private property, a person with possession or control of private
property, or a public official having jurisdiction over public property.

(8) A person complying in good faith with the requirements of this section
is immune from any liability arising out of an action taken or omission
made in the compliance.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law



324 West Bay Drive NW, Suite 201

Olympia, WA 98502

(360) 866-4000 phone

(360) 866--3832 fax

www.buddbaylaw.com



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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Marcus J. Fry
*Sent:* Monday, January 24, 2022 10:53 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Abandoned vehicles on decedent's property



Take a look at the Junk Vehicle Affidavit with the Washington State DOL.




*Marcus J. Fry*
Attorney | Witherspoon • Kelley
mjf at witherspoonkelley.com | Attorney Profile
<https://www.witherspoonkelley.com/marcus-j-fry> | vCard
<https://www.witherspoonkelley.com/s/mfj.vcf>



222 N. 3rd Street
Yakima, WA 98901
(509) 248-7220 (office)
(509) 575-1883 (fax)
witherspoonkelley.com


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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Jon Fritzler
*Sent:* Monday, January 24, 2022 10:40 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* [WSBAPT] Abandoned vehicles on decedent's property



I represent the personal representative of an estate where there are a
number of junk vehicles on the decedent’s property that don’t belong to the
decedent. They were parked on the property by relatives or friends of the
decedent and apparently abandoned.  How does the estate deal with these
vehicles?  Does the personal rep. need to determine who has title to each
vehicle and give the owner notice before disposing of the vehicle?



Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com

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