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

Tue Jun 15 18:38:53 PDT 2021

Athena: I think you need to explore first getting a coroner or law enforcement to declare them legally dead.  Because you will need some kind of death certificate to get a probate going and opening it.

[cid:image001.jpg at 01D76215.779D6D00]
Gregory L. Ursich
Shareholder
Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
P: 425.450.4258 | F: 425.635.7720
vCard<http://www.insleebest.com/uploads/vcards/gursich.vcf> | website<http://www.insleebest.com/> | gursich at insleebest.com<mailto:gursich at insleebest.com>

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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 6:28 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] unique situation- how to proceed when a person is missing but not presumed dead

Thanks for taking the time to respond, Gregory.   So if no one is willing to declare him dead, quiet title action?  And what we would ask to happen to his interest in the property?  I mean, presumably if he was dead we could act as if the property was in his estate, what if he is not presumed dead what we would be asking the court to do with his interest/share?    Any ideas?

Athena Makratzakis Dickerson
DETHLEFS SPARWASSER<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdetsparlaw.com&c=E,1,3MignbV7JN3fDW35Ex6-X8EUG7nEGjNuKTlfq-Aje1rdb6fDs8Yt68iJDkX__xogulPxvRxqczE1jab42wQRIayCHjlfyP0fLjpZdlZRIPinoeG9OpKmAQ,,&typo=1>
REICH DICKERSON PLLC<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdetsparlaw.com&c=E,1,bLSaO3IzGA_4xpDLui54w20Gh4qqnIdqihOO9lsFaFpEr3IyQlnxxNFTiURyp45gMfqeZoZNVArN8uCnWCEWoTGD7jQGcUGBlkqV6h6b1rlgrg,,&typo=1>
100 Second Avenue South, Suite 190  I  Edmonds, WA 98020
P  425.776.1352  I  F 425.776.2467
athena at detsparlaw.com<mailto:athena at detsparlaw.com>

This message and the documents attached to it, if any, contains confidential information from DETHLEFS SPARWASSER REICH DICKERSON PLLC, is intended only for the use of the addressee and may contain information that is privileged and confidential under applicable law, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited.  If you have received this communication in error, please delete all electronic copies of this message and its attachments, destroy any hard copies you may have created and notify our office immediately.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Gregory L. Ursich
Sent: Tuesday, June 15, 2021 6:17 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] unique situation- how to proceed when a person is missing but not presumed dead

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.

[cid:image004.jpg at 01D76215.7790C2D0]
Gregory L. Ursich
Shareholder
Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
P: 425.450.4258 | F: 425.635.7720
vCard<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.insleebest.com%2fuploads%2fvcards%2fgursich.vcf&c=E,1,Aly0u3sS-ov-8h-2wqI-b4c1RagljALQ8Et5puLSxMMcCsSHPcapkjJnuYag06Rt1oGOjULEIpwqaYa-FS3SC_7V_pKlRnWs9cYoj_2MzTFr9bbU5HKDXzPy7Jjf&typo=1> | website<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.insleebest.com%2f&c=E,1,1z84gdDK_pVmldmaUNEmXTzheN8OaLWFGEvz8O7-At4CdAxdS91OkVbyby2v3Bx1zfI9NGFJI_7-dsTh5K5oEc3AWlf-qiyz-NIPPo_EXZ9MIEH89YtfgOxAbilu&typo=1> | gursich at insleebest.com<mailto:gursich at insleebest.com>

This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed.  If you have received this transmission in error, please immediately return it to the sender.  Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.

From: wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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
DETHLEFS SPARWASSER<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdetsparlaw.com&c=E,1,3MignbV7JN3fDW35Ex6-X8EUG7nEGjNuKTlfq-Aje1rdb6fDs8Yt68iJDkX__xogulPxvRxqczE1jab42wQRIayCHjlfyP0fLjpZdlZRIPinoeG9OpKmAQ,,&typo=1>
REICH DICKERSON PLLC<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdetsparlaw.com&c=E,1,bLSaO3IzGA_4xpDLui54w20Gh4qqnIdqihOO9lsFaFpEr3IyQlnxxNFTiURyp45gMfqeZoZNVArN8uCnWCEWoTGD7jQGcUGBlkqV6h6b1rlgrg,,&typo=1>
100 Second Avenue South, Suite 190  I  Edmonds, WA 98020
P  425.776.1352  I  F 425.776.2467
athena at detsparlaw.com<mailto:athena at detsparlaw.com>

This message and the documents attached to it, if any, contains confidential information from DETHLEFS SPARWASSER REICH DICKERSON PLLC, is intended only for the use of the addressee and may contain information that is privileged and confidential under applicable law, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited.  If you have received this communication in error, please delete all electronic copies of this message and its attachments, destroy any hard copies you may have created and notify our office immediately.

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