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Probate law in WA state

Asked over 3 years ago - Seattle, WA

I am an heir in probate matter. The PR/NonIntervention anticipated selling the home after demise of parent, taking out a substancial loan on the property. After demise, 1/2 heir lived in the home who had court indicate both were 1/2 responsible for mortgage payments. The property was controlled by PR, let the payments accumulate, advertised the property, sold equity (deed states for $10) moved the 1/2 heir out (house now abandoned) and refused to provide deed. Is this fraudulent conveyance?

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The probate is still ongoing. I would like to proceed but the PR keeps stalling the closure. I have not been represented in the probate with adequate counsel and therefore have not accomplished much in terms of getting this matter heard. The probate attorney is representing the PR's issues. They have controlled the sale of the property, access to information regarding the mortgage and default, hired RE agent to dispose of the property, signed the property and took it down without advertising outside of the RE community, sold the property and now are controlling the proceeds.

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Attorney answers (1)

Frank A Selden

Reputation Level 15

Answered over 3 years ago. Estate Planning Attorney in Bellevue, WA.

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I doubt this rises to the level of fraudulent conveyance but you might have an issue for the court. Superior courts have jurisdiction over probates and can force a PR to provide an accounting of the probate. File with the court where the probate was initiated. See RCW Chapter 11, section 48 for actions against a PR available at http://apps.leg.wa.gov/RCW/default.aspx?cite=11.48

I also recommend discussing your rights with a probate litigation attorney.

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