[WSBARP] Ejectment? Partition?

[Julie Nichols]

Good afternoon,

Client is PR of estate; heirs are PR & her two siblings according to will.
Only asset of estate is family home where Client's two brothers have been
living for free for some time.

Probate is open and Client PR has non-intervention powers.

Client wants to get brothers out and home on market before it goes into
foreclosure.

Our plan is (I think) to provide reasonable notice to leave the property
then file an ejectment action, however, the question has come up about
whether it might be subject to the partition statute?  Maybe this is just a
potential affirmative defense?

Any thoughts would be appreciated.  These scenarios seem to be coming up
more and more.

 

Julie Nichols

Whitehouse & Nichols, LLP

Attorneys at Law

P.O. Box 1273

601 W. Railroad Ave, Suite 300 (physical only-no mail)

Shelton, WA  98584

360.426.5885

 

 

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