[WSBAPT] Lis Pendens

Fri Sep 1 08:23:37 PDT 2023

Thank you.  I appreciate all feedback.

Diane J. Kiepe
Douglas Eden, P.S.
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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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Tom Westbrook
Sent: Friday, September 1, 2023 7:13 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Lis Pendens

Agree with Eric and Josh. This is not a proper Lis Pendens matter. Get involved in or cloud the probate and don't voluntarily vacate. We are always having to evict post death tenants and her potential CIR claim will certainly be persuasive in a ULD show cause hearing if nothing else. If the decedent didn't want her to have anything then he should have taken steps to exclude her from being a claimant of his estate. TEDRA seems like a good option for your PC.
Good luck,  Tom

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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 Joshua McKarcher <josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>>
Sent: Thursday, August 31, 2023 6:10:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Lis Pendens

I would be thinking about filing a demand for notice and notice of intention to assert CIR or "something" in the relevant court and provide notice to the daughter or heirs at law, so that they cannot just file a petition without providing the CIR claimant notice.

In addition, "so what" if the daughter says to leave? She is at minimum a tenant entitled to rights provided tenants like notice, etc. So any "emergency" seems false here, unless someone is acting illegally against the tenant/CIR claimant.

I'd be finding ways to get into the probate matter before (or immediately after) someone is granted Letters.

Good luck. Best, Josh

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: Thursday, August 31, 2023 3:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Lis Pendens

Has the daughter been appointed as the Personal Representative yet? How is her "get out" legal or enforceable.

So much more discussion on this list about PRs not being able to get folks out of a home than how to protect the rights of someone to stay on.

Heather

Heather S. de Vrieze
Attorney-at-Law

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FYI - Heather will be out of the Office September 5-22.

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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: Thursday, August 31, 2023 2:44 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Lis Pendens

Hello,

I am hoping someone can help me with a quick answer related to Lis pendens - I have a pc who lived with her Fiancé for like 20 years.  He died, no plan, daughter says get out of the house.  I strongly believe that she has a strong case for interest in the assets (although the Fiancé made significantly more money).  I am wondering what is the legal standard I should be considering before filing a Lis pendens - I know they can't be filed willie nillie but I also recall hearing that if you file one and your claim is later invalidated you are subject to damages - I would think there is a good faith standard at least.  Hope to research this more but it's really bothering me at the moment.

Diane J. Kiepe

Douglas Eden, P.S.

717 W. Sprague Ave., Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>

509-455-5300

KINDLY ALLOW 2-4 WORKING DAYS TO RECEIVE A RESPONSE TO NON-URGENT EMAILS.  FEEL FREE TO SEND YOUR EMAIL (OR RESEND YOUR EMAIL AS THE CASE MAY BE) MARKED URGENT IN THE SUBJECT LINE.

DISCLAIMER: the preceding message and any attachments may contain confidential information protected by law, the attorney-client privilege or other privilege.  This communication is intended to be private and may not be recorded or copied without the consent of the author.  If you believe this message has been sent in error, REPLY to sender and then DELETE this message.  Thank you.

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