[WSBARP] Two Suits or One?

[Clark, Catherine]

That is the road I am heading down.

Thanks Rob!

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>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Wilson-Hoss
Sent: Thursday, December 04, 2014 3:09 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Two Suits or One?

          I don't have much time to think about it but if you need to throw something at the wall, try arguing that your client has a vested right in the properties already (but there is that bit about the rights of the PR: at least this will get you to an argument that your client should be able to determine the outcome if you get in before the transfer happens):

11.04.250. When real estate vests--Rights of heirs
          When a person dies seized of lands, tenements or hereditaments, or any right thereto or entitled to any interest therein in fee or for the life of another, his or her title shall vest immediately in his or her heirs or devisees, subject to his or her debts, family allowance, expenses of administration, and any other charges for which such real estate is liable under existing laws. No administration of the estate of such decedent, and no decree of distribution or other finding or order of any court shall be necessary in any case to vest such title in the heirs or devisees, but the same shall vest in the heirs or devisees instantly upon the death of such decedent: PROVIDED, That no person shall be deemed a devisee until the will has been probated. The title and right to possession of such lands, tenements, or hereditaments so vested in such heirs or devisees, together with the rents, issues, and profits thereof, shall be good and valid against all persons claiming adversely to the claims of any such heirs, or devisees, excepting only the personal representative when appointed, and persons lawfully claiming under such personal representative; and any one or more of such heirs or devisees, or their grantees, jointly or severally, may sue for and recover their respective shares or interests in any such lands, tenements, or hereditaments and the rents, issues, and profits thereof, whether letters testamentary or of administration be granted or not, from any person except the personal representative and those lawfully claiming under such personal representative.



Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com<www.hossandwilsonhoss.com>
rob at hctc.com

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Clark, Catherine
Sent: Thursday, December 04, 2014 2:50 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] Two Suits or One?

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.

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