[WSBAPT] Disposition of Remains

[Chad Horner]

Listmates:

I am analyzing an issue related to the disposition of a Decedent's ashes.

Decedent passed away intestate at the age of 29, unmarried with a 3-year old daughter. Decedent and the 3-year old's father had been cohabitating for a few years and there is some evidence that would point to a committed intimate relationship.

Decedent's father had no real relationship with her and was incarcerated from Decedent's birth until recently. Decedent's mother predeceased her.

When Decedent passed, the family (including father) all believed that she should be cremated. Father then went to the funeral home and claimed the ashes pursuant to RCW 68.50.160(3), which gives the surviving parent the right to take possession of the remains if no surviving spouse or adult children are available. Father now wants to dispose of the ashes in a fashion contrary to the family's wishes (family being Decedent's brother, boyfriend, aunt, and others).

Assume that the estate has few assets or debts. No other parent, no adult children, and a potential CIR. The only dispute is over the Decedent's remains. Has someone encountered this issue before? Would this be appropriate for a TEDRA petition? I would appreciate anybody's thoughts/comments.

Thanks.
Chad Horner
CURRAN LAW FIRM
555 West Smith Street
Kent, WA 98032
T 253 852 2345
F 253 859 8037
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