[WSBAPT] conflict between Venue Statutes

[Diane J. Kiepe]

So what I have decided is to go where the property is but I am actually filing under both Title 7 and Tile 11.96A so you see the dilemma.

Since the other counsel is where the property is, and about 3 hours away for me if I don't zoom, I don't suspect he'll object.  I want to add 11.96A because for a couple reason, one of which attorney fees and remedies are much broader than traditional ejectment standing alone.

Diane J. Kiepe

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

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nick Pleasants
Sent: Wednesday, January 25, 2023 6:44 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] conflict between Venue Statutes

Diane,
Are you contemplating filing a new action for question re. title to real property? Then I would follow RCW 4.12.010 if the action is a quiet title action, declaratory judgment, etc., file it in the county where the property lies. Remember that an Estate can be involved in a civil action that is not a probate (e.g. wrongful death, rejected creditor claim, etc. are civil actions, not TEDRA).
If it is a probate or TEDRA matter (actions under Title 11), then I would follow RCW 11.96A.050 and file it in the county where the probate is already open.
Best,
Nick

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
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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 Diane J. Kiepe
Sent: Wednesday, January 25, 2023 1:59 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] conflict between Venue Statutes
Importance: High

Interested in hearing your thoughts:  Open probate in Spokane County and Real Property in another County.

1.         RCW 4.112.010 basically states that where property is located Venue is in the county where the property is located (in this case real estate).  "Actions for the following causes shall be commenced in the county in which the subject of the action, or some part thereof, is situated:
(1) For the recovery of, for the possession of, for the partition of, for the foreclosure of a mortgage on, or for the determination of all questions affecting the title, or for any injuries to real property."

2.         RCW 11.96A.050 - Venue provides - (5) Once letters testamentary or of administration have been granted in the state of Washington, all orders, settlements, trials, and other proceedings under this title must be had or made in the county in which such letters have been granted unless venue is moved as provided in subsection (4) of this section.

Where is Venue in your opinion!

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
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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