[WSBARP] Lis Pendens in Probate Proceeding -

[Roger Hawkes]

Start studying tedra and, yes, a lis pendens is perfectly appropriate and will have to be linked to a pending lawsuit of some kind pretty quickly after filing.  As far as I know there is no specific time frame, but the lis pendens is intended to give notice to the world that some aspect of title to the property is in dispute, so you will need to file some challenge to the earlier transfer and best to do it soon.  Tedra was intended to allow early and cheap resolution to estate claims like this.  But doesn't seem to be quick or cheap.

Roger Hawkes, WSBA 5173
Hawkes Law Firm, P.S.
19944 Ballinger Way NE, Suite #100
Shoreline, WA 98155
And 423 Main in Sultan, WA 98294
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 Office
206 367 4005 Fax



From: wsbarp-bounces at lists.wsbarppt.com <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<mailto:matt at englishandmarshall.com>
www.yatesmarshall.com<http://www.yatesmarshall.com>

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