[WSBAPT] Dispute over decedent's remains

[Katharine P. Bauer]

I was partners at the time with a litigator and he did it.  I have never
done one either!   Sorry, would be happy to share if I had one!
On Nov 27, 2014 10:59 AM, "Marketa Vorel" <marketa.vorel at gmail.com> wrote:

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