[WSBAPT] Dispute over decedent's remains

[Richard Wills]

*I've been involved in several of these disputes in which the issue was 
presented to the Court for resolution (sometimes on an Order Shortening 
Time), & in all cases, the Court's response was to resolve the matter 
according to the Court's interpretation of the statute unless the 
parties could unanimously agree in writing on some other disposition.*


On 11/27/2014 10:57 AM, Marketa Vorel 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 
> <mailto: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
>     <mailto: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 <mailto: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 <mailto: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 <tel:206.799.0541>
>>             marketa.vorel at gmail.com <mailto: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 <mailto:marketa.vorel at gmail.com>
>
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