[WSBARP] Probate and squatters

[Jim Doran]

Thank you for the cite.  this is what I needed to get started with.

Jim

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


On Tue, Jun 25, 2019 at 3:11 PM Flatt, Danielle F. <Flatt at ryanlaw.com>
wrote:

> 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 | www.ryanswansonlaw.com
>
> [image: 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
>
> www.doranlegal.com
>
>
>
>
>
> On Tue, Jun 25, 2019 at 2:27 PM Doug Owens <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> 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
>
> www.doranlegal.com
>
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