[WSBAPT] Dispute over decedent's remains
Richard Wills
richardwills at washington-probate.com
Fri Nov 28 11:27:54 PST 2014
*Marketa --- I can't help you with the TRO but here's a Motion & Order
Shortening Time.** My recollection is that you have to note its hearing
& give opposing counsel reasonable notice of its hearing (eg, 24 hours
by telephone or Email etc.).
*
On 11/28/2014 9:02 AM, Marketa Vorel wrote:
> 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
> <mailto: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 <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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>>>
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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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