[WSBAPT] Estate Owns 1/2 interest in Real Property

[Eric Nelsen]

That's great-sorry, I forgot you said that W's children want to sell. So no partition necessary. Just eject the daughter, and then the PR and W's children can cooperate with the listing and sale.

Signing contracts and making decisions and signing a deed will be a bit clunky since you'll need PR plus all W's kids to sign, since they're all tenants in common. Was there a deed from W's estate to W's kids reserving life estate for H, so that they're on title? Depending on how record title looks you might be able to do a side agreement with W's kids that appoints one of them to act for them all, with power of attorney or some such.

Sounds like the main problem is getting the daughter out of the house. Or is Heather's question touching on the real problem, that the daughter is also the PR?

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Friday, December 29, 2023 11:05 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Estate Owns 1/2 interest in Real Property

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>
www.bellanddavispllc.com<http://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 info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.


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 Eric Nelsen
Sent: Friday, December 29, 2023 10:58 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Estate Owns 1/2 interest in Real Property

I don't think so. If I've read the facts right, on H's death, his life estate in W's 50% terminated and W's children immediately vested as owners of W's 50% of the property. The probate of H's estate includes only his 50% of the property as tenant in common with W's children.

So, I think the Estate has to file for-or threaten-partition in order to sell the whole house.

Re H's daughter, the Estate certainly has authority to eject since the Estate did not authorize her to move in and hasn't accepted her as a tenant. And I assume that W's children also didn't 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 daughter's ½ interest has not been deeded to her.  PR wants to sell house to pay W's children their interest in the home.  W's 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>
www.bellanddavispllc.com<http://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 info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.


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