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

Tue Feb 13 02:00:27 PST 2024

Law Office of 
F.ANDREKITA SILVA
_______________________________________________________   

February 9, 2024

Mimi, Jim, and Joshua,

Thank you for your comments. It is a frustrating situation. 

 As it turns out, daughter has just turned 18.  I had not realized this
as I was aware that child is still in high school. 
EX-W spoke to sheriff's at length outside the presence of Aunt.
Presumably, EX-W told sheriff that child is 18 and intends to Petition
to be PR.  Although it sounds like Sheriff's are pretty hands off in
these situations, Sheriff may  reasonably have believed  Ex-W and gang
entered home with legitimate motives (despite removing screws and
disabling cameras.) 

The background is that two years ago, we had Ex-W/ Mom removed as
Guardian for IP due to fraudulent guardian reports and theft of funds. 
If she enters again, we'll let sheriff know of prior fraud and theft of
IP funds.

Aunt's concern is not that EX-W be prosecuted. Rather, that ExW not be
involved in the probate of estate, that she not break into house
anymore, and that she not be re-appointed as Guardian.  As child has
priority to act as PR, my client (Aunt), will wait to see if she
petitions within 45 days. If so, Aunt will object. If not, she'll
petition.

I'd like to think any probate court can see that Ex-W would be directing
18 year old child not in a good way and not make that appointment.  

Thanks again!  

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

> On 2024-02-09 13:57, Joshua Grant wrote: 
> 
> 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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