[WSBAPT] Court Order to force former roommate to release estate items

Tue Jul 8 15:53:01 PDT 2025

Hello Probate Listserv Braintrust:

I have a situation and could use your input and feedback.

Circumstances:

Decedent co-habituated with another person ("Roommate") and together they
leased an apartment together.  Parent of decedent has been appointed as
Estate Administrator with nonintervention powers.

Parent and I have communicated with the Roommate and attempted to retrieve
the decedent's personal belongings which are now estate assets, but Roommate
has delayed and has refused to allow retrieval of assets. Family members of
decedent have also previously communicated with Roommate requesting estate
assets/ decedent's belongings in the apartment and was similarly refused.  

Roommate claims that decedent and therefore the estate owes  Roommate for
unpaid rent on the apartment since decedent's death, however, decedent has
been removed from the lease with landlord and property managers soon after
death.  Roommate claims to have a lien against the assets of the estate for
the unpaid rent.  Roommate filed a lien in county recorder's office, but
used improper basis claiming an estate recovery lien for Medicaid payments
under WAC .  Roommate sent a creditor claim/ claim of lien via mail to the
administrator's attorney's office, but did not file a creditor claim timely.
Roommate was served actual notice of creditor claims by mail and an
affidavit of mailing said notice was filed with the court. 

Roommate later filed a creditor claim well after the 4 month and 30 days
deadlines had already passed.  Roommate received a Notice of Rejection of
Creditor Claims and has not filed suit against the estate administrator to
contest the Rejection of Creditor Claims.

Roommate was presented an itemized list of the estate assets that remain in
the apartment and was previously provided with a copy of the letters of
administration with a demand to release the items to estate administrator
and /or administrator's agents including myself as the administrator's
attorney and resident agent.  Roommate responds that Roommate will only
allow the retrieval of the estate assets from the apartment if estate
representative presents i) a court order authorizing the release of the
estate's assets and ii) an inventory of estate's assets and iii) copy of
letters of administration. Roommate has stated the above demands in writing.

Questions for esteemed listservers:

1.	Can a motion for such an order be submitted exparte or is a formal
hearing with advanced notice of said hearing required?

2.	Can the costs for reasonable attorney fees and court costs for the
order to release estate assets against Roommate for refusing to allow the
estate's authorized representative retrieve the estate assets given that the
Roommate does not contest the ownership of the items on the provided list of
estate assets, Roommate has already been presented with letters of
administration, and administrator and other representatives of administrator
have made numerous attempts to contact Roommate and coordinate retrieval of
estate assets from apartment.  

3.	I know that RCW 11.96A.150 gives the court broad discretion in
estate or trust proceedings to award costs, including reasonable attorney
fees, to any party. The court can order these fees paid by:

Any party to the proceedings.  Is there another statutory basis for awarding
the attorney fees against the Roommate for demanding a court order to
retrieve the estate's assets when Roommate does not contest that the
estate's assets are in the apartment or that the estate has the authority to
claim such assets?  Essentially, if Roommate is going to force the estate to
obtain a court order, is there a statutory basis for getting a judgment
against Roommate for such costs (other than RCW 11.96A.150)

4.	Does a motion for an order to release the estate's assets to the
estate  need to filed as a separate TEDRA action  or can it be filed in the
same case and case number as the probate? 

5.	Is the estate obligated to provide an inventory of estate assets?
RCW 11.44.015 limits the authority of persons able to request an inventory
to "any heir, legatee, devisee, unpaid creditor who has filed a claim, or
beneficiary of a nonprobate asset from whom contribution is sought under RCW
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.18.200> 11.18.200, or from
the department of revenue."   

It is debatable whether Roommate is an "unpaid creditor who has filed a
claim" since the claim was filed after the allowable timeframe and was
rejected by the administrator.  Further, Roommate has not contested the
Rejection of Creditor claim.  As such, it is unclear if Roommate meets the
definition of "unpaid creditor who has filed a claim" under RCW 11.44.015(2)
.  Any input is welcome and appreciated.

6.	Any feedback or insights from anyone who had delt with a similar
situation or intractable person or entity who is holding estate assets but
will not release them would be greatly appreciated. 

Thank you all in advance for you input feedback and thoughts. 

Kind regards, 

Michael S. Safren, Esq. 
Attorney at Law 

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