[WSBARP] Two Suits or One?

[Clark, Catherine]

Listmates:

I have been recently hired to represent the sole beneficiary of an estate for which probate was initiated approximately 6 weeks ago. The personal representative has signed two purchase and sale agreements for the sale of two properties identified in the will and specifically devised to my client.  The client does not agree that these properties should be sold. Notice to creditors has gone out, but it does not appear that the notice has been published. Thus, the four-month creditor's claim period has not expired if in fact it has been initiated. Counsel for the personal representative has withdrawn and thus she is operating as an unrepresented individual.

One property is located in King County and the other in Pierce County. My sense is that I initiate two suits, one in each county, to restrain each independent transaction.  My other inclination is to record a lis pendens in each county asserting the claim to title by my client. Seems to me that in order to do that I need a separate lawsuit in each County.

The other option is to pursue restraining orders restraining each transaction and not record a lis pendens. My challenge there is that I know the title company for one transaction (which is not listed in the MLS) and for the other transaction I only know the listing agent which is listed in the MLS.

Which we would you go on this?

All responses appreciated.

Thank you

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
701 Fifth Avenue, Suite 4105
Seattle, WA  98104
Phone:  (206) 838-2528
Fax: (206) 374-3003
Email:  cat at loccc.com<mailto:cat at loccc.com>

I have dictated this email using Dragon voice recognition software. Please excuse any errors as it learns my voice.

NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited.  If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20141204/3b160d27/attachment.html>