[WSBARP] Estate/Unlawful Detainer Action

Wed May 20 08:39:09 PDT 2015

I usually have the PR issue a timely 30 day change in terms imposing high
monthly rent upon the heir/tenant as that individual doesn’t have a
lease/rental agreement. When the heir/tenant defaults then after the
issuance of the standard 3-day notice to pay or vacate then immediately
proceed with a clean RCW 59.18 eviction (which the courts/volunteer HJP
attorneys usually understand) and is much cheaper and faster.

Robert R. Rowley

(509) 252-5074 (wk)

rob at rowleylegal.com

*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Marcus Fry
*Sent:* Tuesday, May 19, 2015 4:37 PM
*To:* 'WSBA Real Property Listserv'
*Subject:* Re: [WSBARP] Estate/Unlawful Detainer Action

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

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*From:* wsbarp-bounces at lists.wsbarppt.com [
mailto:wsbarp-bounces at lists.wsbarppt.com <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> 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] *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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-- 

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.
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