[WSBARP] Estate/Unlawful Detainer Action

Tue May 19 16:37:02 PDT 2015

Not to be outdone by the great Hans Juhl, make sure you have RCW 11.04.250 in your back pocket.  I have heirs try to argue that because they are an heir, the real estate is vested in their name, and therefore, not subject to an eviction.  RCW 11.04.250 clarifies that when a probate is open the PR has sole authority over the real estate.

You may also have an issue with regard to heir’s status as a tenant.  I have always sought to create the tenancy by a demand for rent.  Notwithstanding, most courts are okay with the way you have done it.  There was legislation to fix this quirk in the law because the heir is not a guest (lock out okay), a trespasser (she entered with permission), or a tenant under 59.12.  I don’t believe it has passed to my knowledge, but a whole host of legislation just got signed into law and I haven’t reviewed it all yet.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

NOTICES:
 *Adoption Attorney reflects election as a Fellow of the American Academy of Adoption Attorneys, an invitation based organization of 300+ attorneys nationwide, under its criteria of experience, ethics and peer recommendation. Washington's Supreme Court has not yet developed or recognized a credentialing process for specialties, and certification/fellowship is not required to practice law in this state.
Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bess Derting
Sent: Tuesday, May 19, 2015 4:20 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Estate/Unlawful Detainer Action

Thanks Hans!!

On Tue, May 19, 2015 at 4:12 PM, Hans <Hans at stklawfirm.com<mailto:Hans at stklawfirm.com>> wrote:
Hi, Bess.  As long as she’s not on title, I think you’re procedure is correct.  I would get preliminary title report and a really detailed declaration from the process server.

HPJ

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>] On Behalf Of Bess Derting
Sent: Tuesday, May 19, 2015 3:55 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Estate/Unlawful Detainer Action

I know this has been a problem for others but I have not yet encountered it.

Client is the PR of a solvent, non intervention estate for his father.  Will left everything "equally" to all 8 children. Client's sister lived with their father prior to his death and has continued to reside in the home for almost 2 years.  Sister refuses to pay rent, utilities, mortgage payment.  Sister is a local real estate agent and will not cooperate with the sale of the house.  The house must be sold to satisfy the mortgage; however, no other agents will list the house until she is gone due to her extremely bad behavior.

We served a 20 day notice on May 1 (she avoided service and then threw the notice into the process servers face once he found her).  On June 1 I would like to proceed, on behalf of the Estate, with an unlawful detainer action to have her removed but I am not sure this is the proper method/action.

Any suggestions would be much appreciated to a very frustrating situation.  Thank you.

Bess

--
Mary E. (Bess) Derting

Smith & Derting, PLLC
Attorneys At Law
P.O. Box 845
112 N. Second Ave.
Okanogan, WA 98840
Ph:  509-422-1601<tel:509-422-1601>
Fax:  866-238-7585<tel:866-238-7585>

CONFIDENTIALITY NOTICE:

This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are notified that any disclosure of, or taking of, any action in reliance upon the contents hereof is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing REPLY or equivalent function and then delete the e-mail.

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp

--
Mary E. (Bess) Derting

Smith & Derting, PLLC
Attorneys At Law
P.O. Box 845
112 N. Second Ave.
Okanogan, WA 98840
Ph:  509-422-1601
Fax:  866-238-7585

CONFIDENTIALITY NOTICE:

This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are notified that any disclosure of, or taking of, any action in reliance upon the contents hereof is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing REPLY or equivalent function and then delete the e-mail.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20150519/76cb25f3/attachment.html>