[WSBAPT] Procedure to evict uncooperative heir from decedent's residence

[Julie Martiniello]

Yes- ejectment would be the right pathway.

I would issue a notice to terminate the occupancy. Then if they fail to
move, file for an ejectment. In a probate setting I have also had success
getting a preliminary injunction if the facts are correct.

Ejectments are faster than evictions in King County right now using this
tactic. Probably even if you had to do a summary judgment.

On Tue, Nov 14, 2023 at 10:41 AM Genissa Richardson <
genissa at truenorthlegalservices.com> wrote:

> It doesn't sound like there's a landlord-tenant relationship under
> these circumstances. You'll probably need to do an ejectment, vice an
> unlawful detainer.
> *Genissa Richardson, Attorney at Law*
> *True North Legal Services, PLLC*
> *301 Prospect St., Bellingham, WA 98225*
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> On Tue, Nov 14, 2023 at 10:33 AM Jon Fritzler <FritzlerLaw at outlook.com>
> wrote:
>
>> In the event that an heir who was living in the decedent's residence,
>> with the decedent's permission and not paying rent, refuses to vacate the
>> residence and it needs to be sold, what is the process for evicting them?
>> Is it a standard unlawful detainer action under RCW 59.12 or something else?
>>
>> Sincerely,
>> Jon M. Fritzler
>> Attorney at Law
>> 717 E. 22nd St.
>> Vancouver, WA 98663
>> Tel. 360.818.4431
>> Eml fritzlerlaw at outlook.com
>>
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-- 


Respectfully,



Julie Martiniello, Partner

Dimension Law Group, PLLC

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