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

[Eric Nelsen]

Well, for what it's worth, if the PR has NPs then I would just proceed with ejectment, or negotiate a move-out if you can, making clear to the daughter that you can spend a bunch of $ to force her out, or she can move out voluntarily, but there is no option where she gets to stay.

I definitely understand the desire for legal cover via court order but by making such a motion, you're just subjecting the PR to the supervision of the court without really needing to. A PR with NPs is expressly exempt from the Ch. 11.56 RCW procedures. See RCW 11.68.090(2)(b)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.68&full=true#11.68.090>. In King County at least, PRs with NPs routinely proceed with ejectments and eviction without getting a permissive order.

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 1:06 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Estate Owns 1/2 interest in Real Property

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

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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 Heather de Vrieze
Sent: Friday, December 29, 2023 11:31 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

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

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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 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.


[cid:image003.jpg at 01DA3A5C.BBCF05C0]

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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