Property Ownership Dispute Resolution

Summary

In Washington State, property ownership disputes involving trusts may involve several laws and case precedents. Relevant statutes include RCW 11.98 (Trusts and Trustees), RCW 11.12 (Wills), and RCW 7.28 (Actions for Recovery of Real Property). If ownership was formalized through a deed transfer, RCW 64.04.010 outlines the requirements for valid conveyance. Lack of notice for hearings, such as TEDRA, can be challenged under RCW 11.96A.110 and RCW 4.28.020. Key case laws like Mathews v. Eldridge and Mullane v. Central Hanover Bank & Trust Co. Address due process and notice requirements. Consider consulting an estate attorney to explore filing a motion to set aside judgments due to lack of notice.

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washington state real property ownership contention between occupant owner and current trustee of revocable living trust. current owner occupant of the past 4 years, through written & verbal expressed transfer and physical permission & occupancy by the current trustee at the time until their death in may of *. What laws, RCW codes and statutes as well as case laws would pertain to the rights of the owner occupant (defendant) and their right to ownership above and beyond the new secondary appointed trustee and beneficiaries.
It sounds like a complex situation involving property ownership and trust law. Here are some relevant Washington State laws and statutes that might apply:
- RCW *.*: Trusts and Trustees
- RCW *.*: Wills
- RCW *.*: Inheritance Rights
- RCW *.*: Actions for Recovery of Real Property
Could you clarify if the transfer was formalized through legal documentation or court proceedings?
the transfer of ownership was formalized through a written property title deed transfer with a tertiary witness and a notary of the public prior to their death. the ownership has also been semi-formalized by payment of all back owed property taxes, with receipts. Utilities were also paid for, regular maintenance and upkeep
Given the details, the situation involves real property and trust law in Washington State. Here are some pertinent points:
- RCW *.*.*: Requirements for valid conveyance of real property.
- RCW *.*: Trusts and Trustees.
- RCW *.*: Wills.
- RCW *.*: Actions for Recovery of Real Property.
Have you consulted with an estate attorney regarding the validity of the deed transfer and your current rights?
no I was not given notice of several hearings including a TEDRA hearing and several of the first court dates regarding ejectment
You might have strong grounds to challenge the proceedings, especially if you were not given proper notice of the hearings. In Washington, proper notice is a crucial aspect of due process.
You may need to look into:
- RCW *.96A.*: Notice of hearings and proceedings.
- RCW *.*.*: Summons—How Served.
Have you considered filing a motion to set aside the judgments due to lack of notice?
how
For stays of writs of ejectment based on lack of due process in Washington State, you may want to reference:
- RCW *.96A.*: Notice of hearings and proceedings.
- RCW *.*.*: Summons—How Served.
You can also look into case law involving due process violations in property disputes. Have you consulted with a lawyer about filing such a motion?
case law involving due process violations in property disputes.
For stays of writs of ejectment based on lack of due process in Washington State, you may find these case laws and statutes useful:
- RCW *.96A.*: Notice of hearings and proceedings.
- RCW *.*.*: Summons—How Served.
- Mathews v. Eldridge, * U.S. * (*): A foundational case on procedural due process.
- Mullane v. Central Hanover Bank & Trust Co., * U.S. * (*): Establishing the standard for adequate notice.
Have you looked into these cases or consulted with a lawyer about your situation?
case law involving due process violations in property disputes
For due process violations in property disputes in Washington State, consider referencing the following cases:
- Mathews v. Eldridge, * U.S. * (*): Discusses due process requirements.
- Mullane v. Central Hanover Bank & Trust Co., * U.S. * (*): Pertains to notice requirements in trust administration.
- Fuentes v. Shevin, * U.S. * (*): Addresses procedural due process related to property deprivation.
Have you looked into filing a motion based on these precedents?