[WSBARP] Ejectment? Partition?

[Jennifer L White]

Julie,
I have an estate right now that we have struggled through this errant relative situation with and it has been a big time and $$$ drain for the estate.
I wouldn't worry about partition, but unless you do LL/T, my advice is for the estate to hire an attorney well versed in this area of the law to handle this part of the process. There have been so many changes in the law in the last couple of years that it is very complex and difficult to successfully navigate.  One small mis-step and you get to start all over again.
Tips: Involve the LL/T attorney even at the "reasonable notice" stage to get it right. If foreclosure is a possibility because the mortgage isn't able to be paid, I would suggest that the PR contacts the lender and explains what is happening. Hopefully they will give you some grace and time to get the occupants out. In my recent case they did because I think they didn't want to have to deal with it. Don't delay on getting something filed in court because the court calendars (at least in King Co) are a place where hearings get delayed time after time after time - we experienced at least a month in between each delay.....and the best part - be prepared - they will get their 'free' attorney to fight you!

Good Luck!

Jennifer L. White, Esq.
[cid:image001.jpg at 01D99A0B.F0C7BD40]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
2200 S 76th Ave
Yakima, WA 98903
509.225.9813

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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