[WSBARP] Consent for One Partial Owner to Pursue Ejectment Action on Behalf of All
Jeff at bellanddavispllc.com
Jeff at bellanddavispllc.com
Fri Feb 9 14:04:48 PST 2024
Eric,
I like your suggestions, and you raise the question, about who are the
necessary parties. I think all intersted owners must be a party to the
action. Especially as the estate only owns half. It is one of those law
school test questions I hate to answer on a Friday afternoon.
Jeff
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>
<http://www.bellanddavispllc.com/> www.bellanddavispllc.com
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: Friday, February 9, 2024 2:00 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Consent for One Partial Owner to Pursue Ejectment
Action on Behalf of All
Lots of pitfalls when someone gets to act on other peoples behalf. I think
Id 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 didnt rely on any representations or legal advice from
you and acknowledging that you dont 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 didnt give the defendant any permission to occupy the
property, and agree to cooperate with any litigation the Estate brings? I
dont 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
<mailto:eric at sayrelawoffices.com> eric at sayrelawoffices.com
From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com>
Sent: Friday, February 9, 2024 1:27 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto: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>
<http://www.bellanddavispllc.com/> www.bellanddavispllc.com
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com or call 360.683.1129.
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