[WSBARP] Probate and squatters

Tue Jun 25 15:08:38 PDT 2019

RCW 9A.52.105 & .115 were enacted in 2017 to deal with the true squatter situation (e.g., someone has broken into the premises) not a person who is just living there without paying rent or once had permission from the owner.

The person seeking to remove the squatter needs to make a sworn declaration that the people occupying the premises have never had permission to be there.

Some jurisdictions are more cautious than others to use it.  Note that the statute creates a right of action against the declarant by the persons removed from the premises, as well as the obligation to indemnify law enforcement for their actions.

Danielle F. Flatt
Attorney
Ryan, Swanson & Cleveland, PLLC
1201 Third Avenue, Suite 3400 | Seattle WA 98101-3034
Direct 206.654.2273 | Fax 206.652.2979
flatt at ryanlaw.com<mailto:flatt at ryanlaw.com> | www.ryanswansonlaw.com<https://www.ryanswansonlaw.com>

[Ryan Swanson and Cleveland Logo]
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Tuesday, June 25, 2019 2:31 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Probate and squatters

Yes.  This is a good idea and we are trying that right now.  In this case, I do not think it will work.  Can we do some sort of "eviction" or "ejectment" within the probate case or do we have to file a separate action?

Jim

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>

On Tue, Jun 25, 2019 at 2:27 PM Doug Owens <dougowens at seattlerelawyer.com<mailto:dougowens at seattlerelawyer.com>> wrote:
Dear Jim, if the PR is prepared to re secure the property to prevent a recurrence you could, assuming the estate is solvent enough, offer “cash for keys” except these people do not have keys, but you could offer cash to induce them to vacate the property so it can be re secured.  Yours truly, Doug Owens

On Jun 25, 2019, at 11:32 AM, Jim Doran <jim at doranlegal.com<mailto:jim at doranlegal.com>> wrote:

Hello Real Estate and Probate Gurus:

I have a situation where we opened a probate and have a Personal Representative appointed.  Squatters have taken up residence on the real property that is owned by the deceased.  The real estate agent cannot market the property.  We have had the Sheriff out there a few times but these are hard guys who are not going to leave easily.  They are criminal types.

I do not want to do a separate action in unlawful detainer since we already have the probate opened.  What do you suggest as the process?

Thank you all.

Jim Doran

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com/>
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