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

[Joshua Grant]

Not criminal.  Prosecutor was have to prove an unlawful motive, like theft, and Defendant would say motive is simply to secure property for the heirs.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578
jgrant at advocateslg.com

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Andrekita Silva
Sent: Friday, February 9, 2024 12:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Is entering a deceased person's home a civil matter or a crime

Law Office of F. Andrekita Silva
______________________________________________________________



February 9, 2024

I meant  "I.P.", not "I.C."



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





On 2024-02-08 21:56, Andrekita Silva wrote:
> 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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