[WSBAPT] Dispute over decedent's remains

[Marketa Vorel]

Great advice, Katherine, thank you.  Is it too ballsy to ask if you'd be
willing to share a TRO order for that purpose?  Never had to do one and
afraid I will miss something!  No worries if not.

Thanks so much!!
M.

On Thu, Nov 27, 2014 at 9:57 AM, Katharine P. Bauer <kpb at bpblegal.com>
wrote:

> 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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-- 
*Law Office of Marketa Vorel*
1520 K Avenue
Anacortes, WA  98221
206.799.0541
marketa.vorel at gmail.com
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