[WSBARP] Lis Pendens in Probate Proceeding -

[Matt Yates]

Listmates:

Client's stepmother was primary PR under Father's Will and Client is alternate.  Father passed away in May of 2018.  Father's Will, possibly sourced from a website or something, appears to have intended to leave to stepmother a life estate with remainder to four natural children and one stepchild.  Stepmother commenced a probate proceeding in July but then deeded to herself fee title in August, unbeknownst to probate attorney.  Client discovered the deed somewhat coincidentally and attorney for estate has been notified.  Client is contemplating petitioning for removal of non-intervention powers or simply seeking to have Letters Testamentary revoked and a new PR appointed.  In the meantime, however, Client is very concerned that stepmother will try to refinance, reverse mortgage, or even sell father's real property that should still be in the estate.  Stepmother was not on title while father was alive.

My question is whether and how anyone has used a Lis Pendens in this situation.  RCW 4.28.320 seems to imply an underlying action (x vs. y) needs to exist.  The statutory language goes so far as to refer to plaintiff, defendant or receiver.  While a probate action seems like it could serve as underlying action, I wanted to know if anyone has done so before I take that step.  To me, even if Client decides to petition for revocation of non-intervention powers or revocation of letters and appointment of new PR, that will still happen pursuant to the existing probate action, not some other cause of action.

Matthew D. Yates
Attorney at Law
Yates Marshall, PLLC
10000 NE 7th Avenue, Suite 200
Vancouver, WA 98685
Phone: (360) 449-6100
Fax: (360) 449-6111
matt at englishandmarshall.com
www.yatesmarshall.com

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