[WSBAPT] Dispute over decedent's remains

[Katharine P. Bauer]

Have a good day!
On Nov 27, 2014 12:19 PM, "Marketa Vorel" <marketa.vorel at gmail.com> wrote:

> Oh, just the fact that I'm not the only one cheers me up!! Thanks!
>
> Sent from my iPhone.
>
> On Nov 27, 2014, at 11:54 AM, Katharine P. Bauer <kpb at bpblegal.com> wrote:
>
> 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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>>>>> WSBAPT at lists.wsbarppt.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
>>
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