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

[Eric Nelsen]

Gut response:


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

I think ex parte would be fine; it's just confirmation of PR's authority to marshal assets under RCW 11.48.020.



  1.  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.

Yes but if you're going to do that, I'd recommend personally serving the Roommate so that court has jurisdiction over them.



  1.  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)

See #2



  1.  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?

It's a crapshoot. Best way to make it stick would be via TEDRA because there would be no question-especially if you're asking for fees. But if you're not asking for fees, a motion for instructions confirming PR's authority to marshal assets and take possession of the items in the apartment ought to be achievable under the probate caption.


  1.  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 11.18.200<http://app.leg.wa.gov/RCW/default.aspx?cite=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.

I say h*ll no Roommate not entitled to an inventory. His claim was filed and rejected. He's not a creditor.



  1.  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.
I haven't had a situation this extreme before, but you might try one more time to gain cooperation by warning you'll seek attorney fees and costs if Roommate doesn't agree to release the property.


Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of msafren at jennylinglaw.com
Sent: Tuesday, July 8, 2025 3:53 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Court Order to force former roommate to release estate items

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?



  1.  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.



  1.  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)



  1.  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?


  1.  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 11.18.200<http://app.leg.wa.gov/RCW/default.aspx?cite=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.



  1.  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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P: (206) 859-5098 | E: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
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