[WSBAPT] Dispute over decedent's remains

[Marketa Vorel]

Thank you so much, Katherine. That's what we're facing, with all 3 subs in Ireland.  The funeral home is sticking to the statute. 

I suppose I could schedule a hearing, give them notice and see if they fly in to dispute it. No idea if the court would agree that's fair. 

Also, the Irish sibs control decedent's assets (bank account with considerable amount). I fear the assets will be wiped out before we open probate and get letters. Any thoughts?

Oh, and thanks for answering on Thanksgiving! Happy turkey day. 

M. 

Sent from my iPhone. 

> On Nov 27, 2014, at 6:53 AM, Katharine P. Bauer <kpb at bpblegal.com> wrote:
> 
> 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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