[WSBAPT] Dispute over decedent's remains

[Marketa Vorel]

Richard, 

thank you for taking the time to reply. I read all your posts on here and always learn. I really appreciate it. It's only my 3rd probate (first contested one). I feel green and worried about missing something. 

An additional issue: the deceased sibs live in Ireland and have control over deceased's bank account and assets in Ireland. There is good reason to suspect they already transferred his assets. I think I should also get a TRO for the overseas accounts. 

If you would be willing to share any thoughts or pleadings for an Order Shortening Time and a TRO for assets, I would be most grateful. But I completely understand that's a tall order to ask. 

Thank you in advance for your help. 

M. 

Sent from my iPhone. 

> On Nov 28, 2014, at 7:16 AM, Richard Wills <richardwills at washington-probate.com> wrote:
> 
> 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> 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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