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

[Jeff at bellanddavispllc.com]

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
 
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.

 

 

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 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

 <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.

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20240209/2c6d3f2b/attachment.html>