[WSBARP] unique situation- how to proceed when a person is missing but not presumed dead

[Gregory L. Ursich]

File a quiet title action, to quiet title to the property. Or, may have to open a probate to probate the estate of the missing person, if you can get an agency to declare them dead.

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Gregory L. Ursich
Shareholder
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Athena Dickerson
Sent: Tuesday, June 15, 2021 5:59 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] unique situation- how to proceed when a person is missing but not presumed dead

Hi all,

I have a client who co-owns a piece of property (personally and not in an entity) with 2 others.   1 of the 2 other people has been missing in Mexico for quite some time and a missing persons report was filed here in WA, but he has not been declared or presumed dead.   Essentially, he has vanished.   The lease for this property is up and my client (one of the land owners) is not able to execute a new lease (essentially a new lease for the long standing tenant) since he does not have the authority to sign for the missing landowner and since there is no entity, he can't get around it.    The tenant isn't willing to take a lease only signed by 2 of the 3 owners as they are a national tenant.   Anyone have any brilliant ideas how to proceed?   I wonder if special master can be appointed to sign for the missing person and if so, what kind of action do I file this under to open a case?  Anyone dealt with this before?

Athena Makratzakis Dickerson
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