[WSBAPT] Abandoned vehicles on decedent's property

Tue Jan 25 16:11:38 PST 2022

Thank you for the responses!

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

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rod Harmon
Sent: Monday, January 24, 2022 12:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Abandoned vehicles on decedent's property

A client of mine, who owned a towing company, helped write that statute.  Her insight is that it set up a system which, as a practical matter, is administered by towing companies.  A towing company with experience hauling junked and abandoned vehicles should know all the dance steps and will process all the necessary forms with local law enforcement.  I had this problem a few years ago and followed her advice and got the junkers hauled off.

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com>
   rodharmon at msn.com<mailto:rodharmon at msn.com>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Tom Westbrook
Sent: Monday, January 24, 2022 12:05 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Abandoned vehicles on decedent's property

And you might want to look at this:

RCW 46.55.230<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D46.55.230&data=04%7C01%7C%7C4acd1bfeb294497405e408d9df75b3a5%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637786518897193830%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=bRJOREPPmIusGkwyuR86HBYpr4R9l5kSvyjYvYFdMAs%3D&reserved=0>
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<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D70A.205.195&data=04%7C01%7C%7C4acd1bfeb294497405e408d9df75b3a5%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637786518897193830%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=NCc0qZ9%2BY52sKAfyzKOj2yWRC%2BDWnpeNTZGBLee8F4U%3D&reserved=0>, 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

[cid:image001.jpg at 01D81206.3B9E1830]
324 West Bay Drive NW, Suite 201
Olympia, WA 98502
(360) 866-4000 phone
(360) 866--3832 fax
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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 Marcus J. Fry
Sent: Monday, January 24, 2022 10:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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<mailto:mjf at witherspoonkelley.com> | Attorney Profile<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.witherspoonkelley.com%2Fmarcus-j-fry&data=04%7C01%7C%7C4acd1bfeb294497405e408d9df75b3a5%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637786518897193830%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=I0fTP2rwnGgcLLlNMU1qUjT%2Fe43GwTBj9wIrYGyr9Uk%3D&reserved=0> | vCard<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.witherspoonkelley.com%2Fs%2Fmfj.vcf&data=04%7C01%7C%7C4acd1bfeb294497405e408d9df75b3a5%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637786518897193830%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=N5hIOyC1DXhSr2IVrSyRmhWNgli3EwOUKoNM9tpg2MQ%3D&reserved=0>

[cid:image002.png at 01D81206.3B9E1830]

222 N. 3rd Street
Yakima, WA 98901
(509) 248-7220 (office)
(509) 575-1883 (fax)
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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 Jon Fritzler
Sent: Monday, January 24, 2022 10:40 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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<mailto:fritzlerlaw at outlook.com>

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