[WSBAPT] Order for release of remains

[john at llllaw.net]

Thank you to all who replied.   I discussed the matter with the director
at Forest Lawn, who serves on the state board.  He was very knowledgeable
about the law, particularly RCW 68.50.160.   However, thanks to our
colleague Elena Garella, I directed him to RCW 18.39.   He responded with
a release letter which should do the trick.  As I can’t attach it to the
listserve, I have pasted it here:

 

            STATEMENT OF AGENT

 

I, xxxxxxxxxx, hereby represent that I am the appointed personal
representative of xxxxxxxxx (the “Decedent”).   The Decedent is survived
by, xxxxxxxxxxxxxxxx and a xxxxxxxxx.  Both survivors are aware of the
passing of the Decedent, of the plans for burial, and of my handling of
the final disposition of the Decedent.   One survivor has executed the
necessary authorizations.  The other survivor, xxxxxxxxxxxxx has been
unresponsive to our repeated phone calls and after many requests has
refused to execute any paperwork, citing that he is grieving and prefers
to be left alone. 

By signing below, I hereby represent that the Decedent has no other living
blood relative.  It was the Decedent’s wish to be buried, and for me to
handle the final disposition of the Decedent’s remains.  I have no reason
to believe that either survivor or anyone else would oppose the burial of
the Decedent and the final disposition of the Decedent’s remains.  

I hereby authorize tttttttttttttttt (the “Cemetery”) to prepare and make
arrangements for the interment of the Decedent’s remains.  I agree to
release, indemnify and hold harmless the Cemetery, its affiliates and
owners, and their respective officers, directors, shareholders, employees,
representatives, successors, subsidiaries, parents, agents and assigns
from any and all liabilities, claims or causes of action arising out of,
or in any way connected with burial of the Decedent’s remains, the final
disposition of the Decedent’s remains, my representations, authorization
and instructions contained herein.

 

Date: ________________________
____________________________________

 
Signature xxxxxxxxxxxxxxx

 

 

 

 

WITNESSED BY:

 

 

Date: ________________________
____________________________________________

Representative of Funeral Home

 

 

John G. Llewellyn

John G. Llewellyn, PLLC

Attorneys and Counselors at Law

4847 California Ave. SW, Suite 100

Seattle, WA  98116

PH (206) 923-2889

FX (206) 923-2892

 

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privileged and confidential intended only for the use of the owner of the
email address listed as the recipient of this message. If you are not the
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please notify us by telephone immediately at (206) 923-2889, and delete
the original message. Thank you.

 

From: john at llllaw.net 
Sent: Friday, January 03, 2014 5:20 PM
To: WSBA RPPT Probate & Trust Discussion Forum
(wsbapt at LISTSERV.NETHELPS.COM)
Subject: Order for release of remains

 

Learned counsel;

 

My client’s 99 year old uncle died and named him PR of his estate.   No
documents exist to release remains to nephew, and funeral home wants
releases from decedent’s two brothers, also in their late 90s, who are
difficult to talk to or get documents signed.

Can anyone offer an order for release of remains to the PR?   Poor uncle
has been in the fridge since December 24, at $90 per day, and the funeral
home already has the grave ready, but won’t bury uncle without some paper.

 

Any help greatly appreciated.

 

 

 

John G. Llewellyn

John G. Llewellyn, PLLC

Attorneys and Counselors at Law

4847 California Ave. SW, Suite 100

Seattle, WA  98116

PH (206) 923-2889

FX (206) 923-2892

 

The information contained in this electronic message is attorney
privileged and confidential intended only for the use of the owner of the
email address listed as the recipient of this message. If you are not the
intended recipient, or the employee or agent responsible for delivering
this message to the intended recipient, you are hereby notified that any
disclosure, dissemination, distribution, or copying of this communication
is strictly prohibited.  If you have received this message in error,
please notify us by telephone immediately at (206) 923-2889, and delete
the original message. Thank you.

 

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