[WSBAPT] Dispute over decedent's remains

Fri Nov 28 11:34:35 PST 2014

Richard,

Thank you so much.  I truly appreciate it.  Hope you're not working too
hard on a holiday weekend :)

M.

On Fri, Nov 28, 2014 at 11:27 AM, Richard Wills <
richardwills at washington-probate.com> wrote:

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