[WSBARP] Estate/Unlawful Detainer Action

Tue May 19 16:54:42 PDT 2015

It's either a license or tenancy at will, terminable by notice and a reasonable time to vacate; or a quiet title action. WA PRAC is not sure. I plead both in the alternative. 

Rob

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Tuesday, May 19, 2015 4:43 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Estate/Unlawful Detainer Action

It sounds like the right thing to do.  Believe it or not, that set of facts is nothing compared to some of the horror stories we’ve been through.  

Maybe get the Court to order the “sister” to have to pay the estate’s attorney’s fees for going through this action and get them out of her portion of the eventual inheritance.

James R. Doran

Attorney at Law

100 E. Pine Street – Suite 205

Bellingham, WA 98225

(360)393-9506

jim at doranlegal.com

www.doranlegal.com

From: 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
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
Fax:  866-238-7585

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