[WSBAPT] Dispute over decedent's remains

[Katharine P. Bauer]

Tro for accounts and ex parte special administrator to control assets!? Not
sure if that would work...  Hard one... Lots of time while turkey cooks,!
On Nov 27, 2014 9:54 AM, "Marketa Vorel" <marketa.vorel at gmail.com> wrote:

> 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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