[WSBAPT] Is entering a deceased person's home a civil matter or a crime

[Andrekita Silva]

Law Office of F. Andrekita Silva 
______________________________________________________________ 

February 8, 2024

Listserve, 

Is this a civil matter or a crime?

Mr. D is divorced in 2017. One 24 yr old adult I.C. lived with Dad under his guardianship. Younger 17 year old lives with Mom elsewhere.  
Mr. D dies unexpectedly last week.  Prior to death, Mr. D asked sister/aunt to care for I.C. child and be successor Guardian and to take care of his business (no time to prepare Last Will.) 
Mr. D gives sister his phone so that she can access any info she might need.   Aunt took I.C. to her house. So, Mr. D's home is uninhabited at the moment. 
We just filed a Petition for Successor Guardian.  

Tonight, EX-wife goes over to Mr. D's home with 17 year old daughter and 3 adult men. They remove screws from backdoor window and access the house. 
They turn off security cameras in the living room. Remove screws on bedroom door locks and access the bedrooms. 

Dad had security cameras and aunt gets notifications of movement in the home. After 30 minutes, she notices the notifications going off for 1/2 hour at uninhabited home so she calls sheriff. 
Aunt goes to Mr. D's home. Aunt calls me and I speak to the sheriff. 

Sheriff says "nothing we can do, this is a civil matter. No one is in charge as Mr. D deceased."
I said "This home is owned by Mr. D.  Daughter lives with Mom elsewhere. No permission to remove window and enter, or to remove locks. Why isn't this breaking and entering?"
Sheriff insists "this is a civil matter. You need to go to court and decide who is in charge." ( I assume they are referring to probate and appointment of PR).
Sheriff leaves.  Ex-W, 3 men and 17 year old stil in home.

Is this a civil matter or a crime?

Andrekita Silva 
Law Office of F. Andrekita Silva 
1325 Fourth Avenue, Suite 940 
Seattle, Washington 98101-2509 
206-224-8288 
ak at seattle-silvalaw.com
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