[WSBAPT] Dispute over decedent's remains

Katharine P. Bauer kpb at bpblegal.com
Thu Nov 27 06:53:12 PST 2014


My experience is this is more about control, than what the decedent
wanted.  In one case, cremation and dividing the ashes worked.  Years ago,
a decedent stayed in cold storage for more than a month while all the six
siblings were located and went to mediation about whether to cremate or
bury.  Mortuary got rich on that one...I felt we could make an argument PR
ruled, but mortuary wouldn't accept that because of the statute.
On Nov 27, 2014 2:25 AM, "Marketa Vorel" <marketa.vorel at gmail.com> wrote:

> I knew I'd get one of these one day.  I appreciate any wisdom before I
> chase this too far down the rabbit hole.
>
> Deceased and spouse (Client) lived in a meretricious relationship for 16
> years (no children by either one), but did not register as domestic
> partners.  Deceased left a valid will, naming Client his PR and sole
> beneficiary.  Will does not address disposition of remains.  Client and
> next of kin (brother of Deceased) disagree about disposition.
>
> My reading of RCW 68.50.160 is that the brother would have authority over
> remains if spouse was not registered as domestic partner.  Is the statute
> the definitive authority on this or are there any possible exceptions?
>
> Thanks in advance,
> M.
>
> --
> *Law Office of Marketa Vorel*
> 1520 K Avenue
> Anacortes, WA  98221
> 206.799.0541
> marketa.vorel at gmail.com
>
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