[WSBAPT] Estate Owns 1/2 interest in Real Property
Jeff at bellanddavispllc.com
Jeff at bellanddavispllc.com
Fri Dec 29 11:04:47 PST 2023
Eric,
I was going to start a partition action, however, the other ½ owners will
consent to the sale, as they just want to get paid. I am trying to avoid
the time and expense of a partition action, provide notice to all parties,
and let the court set how the property will be sold, and to eject the
daughter.
Jeff
W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
<http://www.bellanddavispllc.com/> www.bellanddavispllc.com
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: Friday, December 29, 2023 10:58 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Estate Owns 1/2 interest in Real Property
I dont think so. If Ive read the facts right, on Hs death, his life
estate in Ws 50% terminated and Ws children immediately vested as owners
of Ws 50% of the property. The probate of Hs estate includes only his 50%
of the property as tenant in common with Ws children.
So, I think the Estate has to file foror threatenpartition in order to
sell the whole house.
Re Hs daughter, the Estate certainly has authority to eject since the
Estate did not authorize her to move in and hasnt accepted her as a tenant.
And I assume that Ws children also didnt give her permission to move in.
Ejectment can be done separately from the issue of sale of the property via
partition.
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com <mailto:eric at sayrelawoffices.com>
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
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com>
Sent: Friday, December 29, 2023 9:49 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Estate Owns 1/2 interest in Real Property
Listmates:
H & W own home, as h & w. W dies first and her Will leaves her ½ interest
in home to her children from a prior marriage with a life estate, in her
half, to H. H dies and his Will leaves his ½ in home to his daughter.
Probate is still pending; daughter has moved into home. She is not paying
rent and refuses to do anything, as does her attorney. The daughters ½
interest has not been deeded to her. PR wants to sell house to pay Ws
children their interest in the home. Ws children also want to sell house.
Can I use RCW 11.56.010 to order the home sold?
Jeff Davis
W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
<http://www.bellanddavispllc.com/> www.bellanddavispllc.com
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com or call 360.683.1129.
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