[WSBAPT] Decedent Landlord in Unlawful Eviction

Sat Sep 9 13:49:37 PDT 2023

Sad story, recently we were involved in a case where the estate was allowed to be substituted over a  year later – basically judge said all parties know of the litigation and no harm would be done by allowing the substitution.  It’s always very confusing to me when rules will be applied by the court and when they won’t.

All that to say, the rule of 4 months, in my case, was not applied.

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 Nick Pleasants
Sent: Friday, September 8, 2023 5:14 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Decedent Landlord in Unlawful Eviction

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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