[WSBAPT] Decedent Landlord in Unlawful Eviction

[Nick Pleasants]

David,
Take a look at RCW 11.40.110. You’ll need to file a motion to substitute the PR as defendant. I believe this would be done in the probate action. If no probate is pending, you can open one as the Plaintiff/Creditor (RCW 11.28.120(6)) . Note the 4-month statute of limitations to accomplish the substitution. I don’t believe it is subject to the creditor claim process, although folks often do file a claim as well as a petition for substitution. See, e.g., Alexander v. Highfill, 18 Wash.2d 733, 140 P.2d 277 (1943).
Best,
Nick

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of David Faber
Sent: Friday, September 8, 2023 4:15 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Decedent Landlord in Unlawful Eviction

List,

A colleague who is working an eviction defense under the Washington State pro bono eviction defense pilot program had the defendant landlord die during the court of the case with a trial scheduled for the end of September. The colleague has asked me whether I know what he should do to bring the estate into the trial. I stay away from estate litigation so I am no help whatsoever to the colleague. I presume he moves to substitute the Personal Representative as defendant, but with TEDRA and creditor claim procedures, I'm immediately at a loss for whether that's the correct procedural move. Has anyone on this list dealt with a similar situation/are you willing to have a quick phone chat with the colleague regarding how he might properly proceed?

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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