[WSBARP] Consent for One Partial Owner to Pursue Ejectment Action on Behalf of All

[Eric Nelsen]

Lots of pitfalls when someone gets to act on other people's behalf. I think I'd couch it as a power of attorney with absolute and complete authority to make unilateral decisions concerning the ejectment action. Include a clause saying the signers didn't rely on any representations or legal advice from you and acknowledging that you don't represent them and they need to get independent legal advice. Agree that the authority includes the authority to negotiate a settlement to resolve the ejectment.

Just a few thoughts, probably not complete on all the possible scenarios and issues...

As an alternative, what about having all five sign statements under penalty of perjury that they didn't give the defendant any permission to occupy the property, and agree to cooperate with any litigation the Estate brings? I don't think all owners of the property have to be parties to an ejectment action (but I could be wrong).

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 Jeff at bellanddavispllc.com
Sent: Friday, February 9, 2024 1:27 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Consent for One Partial Owner to Pursue Ejectment Action on Behalf of All

Probate Estate owns ½ interest in real property with the other half owned by 5 individuals.  They want the estate to pursue on behalf of all owners an ejectment action so the property can be sold.  I am drafting a consent for the 5 individuals to sign authorizing the PR and estate to pursue the action on behalf of everyone.  Is there something more to be included in such an agreement or is it simply that simple?  Your thoughts, recommendations.

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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