[WSBARP] Lis Pendens in Probate Proceeding -

[RebeccaWiess]

I did it years ago. Property actions can often be brought either within a
probate or as a separate action. There does need to be an action, and the
lis pendens is both filed and recorded. BUT procedure for  an action inside
a probate is governed by TEDRA, (RCW chat 11.96A) while outside the probate
it's regular civil procedure. When one is worried about things like reverse
mortgages, getting a lis pendens recorded is the critical step, as that will
stop lenders from proceeding. I once saw facts like yours, where the lender
had already made the loan. Lender got stuck with a loss. 

 

Rebecca K. Wiess

421 24th Avenue East

Seattle, WA  98112

Phone 206 329-6638

rwiess at foxinternet.net 

 

  _____  

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Matt Yates
Sent: Friday, April 19, 2019 10:40 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Lis Pendens in Probate Proceeding -

 

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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