[WSBAPT] Lis Pendens

[Bryce Dille]

See RCW 4.28.328(3) Must be filed with action affecting title to property and purpose is to give notice to any possible parties who may want to claim an interest such as a buyer or lender.However unless you can establish substantial justification for filing the lis pendenst the prevailing party who is aggrieved may get attys fees and costs in defending the action

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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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, August 31, 2023 2:44 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Lis Pendens

Hello,

I am hoping someone can help me with a quick answer related to Lis pendens - I have a pc who lived with her Fiancé for like 20 years.  He died, no plan, daughter says get out of the house.  I strongly believe that she has a strong case for interest in the assets (although the Fiancé made significantly more money).  I am wondering what is the legal standard I should be considering before filing a Lis pendens - I know they can't be filed willie nillie but I also recall hearing that if you file one and your claim is later invalidated you are subject to damages - I would think there is a good faith standard at least.  Hope to research this more but it's really bothering me at the moment.


Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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