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

Wed Jan 3 15:30:03 PST 2024

I have one of these also, but the house is owned ½ by the estate and ½ by a number of other people who took under a different Will.  The other people want the place sold.  Are the “other people” necessary parties to remove the uncooperative heir so their names appear in the case caption?

Jeff

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Wednesday, January 3, 2024 3:01 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Procedure to evict uncooperative heir from decedent's residence

Thanks, Michael.  An ejectment action it is.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com <mailto:marka at mbaesq.com> 
www.mbaesq.com <http://www.mbaesq.com/> 

CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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 Mike Jacobs
Sent: 01/03/2024 1:37 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >; julie at dimensionlaw.com <mailto:julie at dimensionlaw.com> 
Subject: Re: [WSBAPT] Procedure to evict uncooperative heir from decedent's residence

Mark,

When the occupant is or has been paying rent, I consider them to be a tenant and use the unlawful detainer action.  If the occupant has not paid rent (no expectation of paying rent), then I use the ejectment action. I commence the ejectment action by first giving the occupant Notice of Termination of at Will Occupancy.  I generally give them 30 days notice.    

Sincerely,

Michael P. Jacobs

Riach Gese Jacobs, PLLC

7331 196th St. SW | PO Box 1067 | Lynnwood, WA 98036 

Phone: (425) 776-3191 | Fax: (425) 425-775-0406 

REPRESENTING OUR COMMUNITY SINCE 1959

Confidentiality Notice: This e-mail message may contain confidential or privileged information. If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail. Instead, please notify us immediately by replying to this message or telephoning us. Thank you.

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 Mark Anderson
Sent: Wednesday, January 3, 2024 10:47 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >; julie at dimensionlaw.com <mailto:julie at dimensionlaw.com> 
Subject: Re: [WSBAPT] Procedure to evict uncooperative heir from decedent's residence

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
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com <mailto:marka at mbaesq.com> 
www.mbaesq.com <http://www.mbaesq.com/> 

CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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 Julie Martiniello
Sent: 11/15/2023 11:35 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto: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

301 Prospect St., Bellingham, WA 98225

PO Box 934, Bellingham, WA 98227 (mailing address)

Phone (360) 639-3393

U.S. Coast Guard Veteran

NOTICE OF UNAVAILABILITY:

I am out of the office and unavailable the following dates:

December 22nd, 2023 - January 1st, 2024

January 17th - 29th, 2024

The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may contain proprietary, business-confidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review, retransmission, distribution, reproduction or any action taken in reliance upon this message is strictly prohibited. If you received this in error, please contact the sender and delete the material from all computers.

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
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com <mailto:fritzlerlaw at outlook.com> 

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com <mailto:WSBAPT at lists.wsbarppt.com> 
http://mailman.fsr.com/mailman/listinfo/wsbapt

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com <mailto:WSBAPT at lists.wsbarppt.com> 
http://mailman.fsr.com/mailman/listinfo/wsbapt

-- 

Respectfully,

Julie Martiniello, Partner

Dimension Law Group, PLLC

Office:  206-973-3500│Fax:  206-577-5090

Email:  <mailto:synthia at dimensionlaw.com> julie at dimensionlaw.com

www.dimensionlaw.com <http://www.dimensionlaw.com/> 

631 Strander Blvd, Bldg A, Suite G, Tukwila, WA 98188

**Please note our office is closed for Thanksgiving from November 22-24.**

PRIVILEGED AND CONFIDENTIAL:  This email (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this email is prohibited. If you have received this email in error, please immediately notify us by email, facsimile, or telephone; return the email to us at the email address below; and destroy all paper and electronic copies. 

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein. 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240103/8dae7f30/attachment.html>