[WSBARP] Ejectment? Partition?

[Eric Nelsen]

Definitely not partition-the PR has full authority to completely divest heirs, per RCW 11.04.250. Case law backs that to the hilt. There's even a case IIRC where the PR had authority to sell the house out from under the surviving spouse.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Julie Nichols
Sent: Thursday, June 8, 2023 12:50 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Ejectment? Partition?

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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