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

[Eric Nelsen]

Getting a trustee appointed automatically gives you someone to sign contracts, leases, etc., on behalf of the absentee That is immediate, so you can proceed with the lease. The trustee just has to hold the absentee's assets and share of net revenue until they reappear or are declared dead.

Eric Nelsen
Sayre Law Offices, PLLC
206-625-0092

On Jun 15, 2021 4:09 PM, Athena Dickerson <athena at detsparlaw.com> wrote:
That is a great idea, but sadly we are 5 years short of 7.   Thank you for your response



Sent from my T-Mobile 4G LTE Device



-------- Original message --------
From: Eric Nelsen <eric at sayrelawoffices.com>
Date: 6/15/21 6:51 PM (GMT-08:00)
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

See Ch. 11.80 RCW, estates of absentees. It appoints a person to act as trustee for the missing person's assets and also allows them to be declared dead if missing for seven years.

Eric Nelsen
Sayre Law Offices, PLLC
206-625-0092

On Jun 15, 2021 3:07 PM, Athena Dickerson <athena at detsparlaw.com> wrote:

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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