[WSBAPT] family dispute over disposition of remains

[Teunis J. Wyers]

Decedent left no written instruction about his wishes re disposition of his
remains.  He had a revocable living trust, and pour-over will, both naming
our client as his fiduciary.  We have commenced a probate due to the
discovery of an asset that was not transferred to the trust.  The client,
therefore, is the Successor Trustee and the duly appointed Personal
Representative.

The father's body is in the possession of the local funeral home.   There
are four surviving children.  Our client wants to have his father's body
cremated and one other child agrees.  The other two children refuse to
consent to cremation, and the funeral director takes the position that
since we are unable to provide the consent of a majority of the surviving
adult children of the decedent, under RCW 68.50.160(3)(d), his hands are
tied.  The obstructionist children have been cut out of the estate; our
client is the sole beneficiary, so there is no leverage.

In the meantime, the decedent languishes in the freezer.  I cannot imagine
that the drafters of this legislation intended such a result.

My real question is whether this is an issue that is resolvable in a TEDRA
action, and if not, what sort of proceeding would be appropriate?

-- 
Teunis J. Wyers @ Wyers|Wyers, Attorneys
Oregon Office:
     216 Columbia St. - P.O. Box 917
     Hood River, OR 97031
     (541)386-2210/610-1520 (fax)
Washington Office:
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     Bingen, WA  98605
     (509) 493-2772/493-2406 (fax)
Email:  teunisj at wyerslawpc.com
Web:  www.wyerslawpc.com

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