[WSBAPT] Procedure to evict uncooperative heir from decedent's residence

Wed Jan 3 10:47:21 PST 2024

Dear All:

I had a similar scenario 2 years ago.  Before he died, decedent owned a piece of real property and lived there with his girlfriend and their (i.e., mutual) minor child.  Minor child was the sole heir.  After decedent died, mother and minor child continued to live in the house.  Guardian ad litem was appointed for the minor child.  On behalf of the PR, I brought an unlawful detainer action so the property could be sold and the funds put in trust for the minor child.  Although it was a bit challenging given the restrictions imposed as a result of the pandemic, we were successful.

Julie has offered that an ejectment would be the right pathway in Jon’s scenario.  A client of mine finds herself in the very same situation as Jon's client.  Now I am trying to decide between an ejectment action or an unlawful detainer action.

As a precursor to an ejectment action, what sort of written notice to vacate would be necessary?

Mark B. Anderson
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Julie Martiniello
Sent: 11/15/2023 11:35 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Procedure to evict uncooperative heir from decedent's residence

Yes- ejectment would be the right pathway.

I would issue a notice to terminate the occupancy. Then if they fail to move, file for an ejectment. In a probate setting I have also had success getting a preliminary injunction if the facts are correct.

Ejectments are faster than evictions in King County right now using this tactic. Probably even if you had to do a summary judgment.

On Tue, Nov 14, 2023 at 10:41 AM Genissa Richardson <genissa at truenorthlegalservices.com<mailto:genissa at truenorthlegalservices.com>> wrote:
It doesn't sound like there's a landlord-tenant relationship under these circumstances. You'll probably need to do an ejectment, vice an unlawful detainer.
Genissa Richardson, Attorney at Law
True North Legal Services, PLLC
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On Tue, Nov 14, 2023 at 10:33 AM Jon Fritzler <FritzlerLaw at outlook.com<mailto:FritzlerLaw at outlook.com>> wrote:
In the event that an heir who was living in the decedent's residence, with the decedent's permission and not paying rent, refuses to vacate the residence and it needs to be sold, what is the process for evicting them?  Is it a standard unlawful detainer action under RCW 59.12 or something else?

Sincerely,
Jon M. Fritzler
Attorney at Law
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Vancouver, WA 98663
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Respectfully,

Julie Martiniello, Partner
Dimension Law Group, PLLC
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