[WSBARP] Two Suits or One?

[Clark, Catherine]

Right.  The King Co Action is being written as a TEDRA.

If I go the restraining order route, then I may be out of TEDRA-the law is apparently in flux on that point.  If I just file the TEDRA in King County naming only the PR and record the lis pendens I think I get there.

Thanks folks!

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>

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.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of swhite8893 at aol.com
Sent: Thursday, December 04, 2014 3:39 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Two Suits or One?

Catherine,
     I think the focus is on what the purpose of the lawsuit is. If you are seeking to quiet title, which I do not think you are doing, then it would have to be in two counties. However, if you are seeking to effect the powers of the PR as an administrator of the estate, and subsequently seeking to require distribution according to the terms of the will, then aren't you just dealing with the estate and then isn't your action under the estate? I am no estate wiz so you might check that with someone who does estate work.
     Then that brings into question to what extent RCW 4.28.320 apples. The statute says it can be filed in each county where the property is situated. That says to me it can be filed in more than one county and not necessarily the county in which the action is pending. I think the real question is whether the language it uses, "affecting title to real property", is operative. It strikes me that language is pretty broad, coupled with the idea that the only purpose in filing it is to give notice, not to substantively effect anyone's rights.

Steve


Stephen Whitehouse
Whitehouse & Nichols, LLP
Attorneys at Law
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com<mailto:swhite8893 at aol.com>


-----Original Message-----
From: Clark, Catherine <Cat at loccc.com<mailto:Cat at loccc.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Sent: Thu, Dec 4, 2014 2:54 pm
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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