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

[Jeff at bellanddavispllc.com]

The PR is a grandson.  He has non-intervention powers.  I think he need the
court order because of RCW 11..56.010, because there are third parties
involved, and I know the daughter’s attorney.  The court’s blessing would be
nice and may keep the peace.

 

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
 
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.

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Heather de Vrieze
Sent: Friday, December 29, 2023 11:31 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Estate Owns 1/2 interest in Real Property

 

Jeff, what isn’t clear to me from your fact pattern, is who the Personal
Representative of H’s estate is or if nonintervention powers have been
granted. If the daughter is the Personal Representative and doesn’t want to
sell, I think a partition action is your only option. If the Personal
Representative of H’s estate and remainder beneficiaries of W’s estate are
all in agreement on sale, why would a Personal Representative with
nonintervention powers even need a Court order to sell?

 

Heather S. de Vrieze
Attorney-at-Law



3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

 <http://www.westseattlelaw.com/> www.westseattlelaw.com 

*Our office will be closed December 25 and 26, 2023* and January 1, 2024.

Click here to connect with de Vrieze | Carney on Facebook:
<https://www.facebook.com/DeVriezeCarney> 

 

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
privileged and/or confidential information.  If you have received this
e-mail in error, please notify the sender immediately and delete all copies
of this e-mail message and any attachment.

 

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 11:16 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

 

Well, take a look at In re Westall, 423 P.3d 930 (2018).  “But the Supreme
Court confirmed in In re Estate of Jones that until the estate closes, (1)
the heirs may not treat estate real property as their own, and (2) an
executor is entitled to possess and control estate property during the
administration of the estate and has a right to it even against other
heirs.”  The court then approved the sale of the property.

 

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
 
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.

 

 

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 Paul Neumiller
Sent: Friday, December 29, 2023 11:08 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

 

As a co-tenant, H’s daughter doesn’t need permission to occupy.  

 

 



 

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> 
 <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.

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20231229/f2d9b953/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 8030 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20231229/f2d9b953/image006.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 4790 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20231229/f2d9b953/image002.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 3354 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20231229/f2d9b953/image003.png>