[WSBAPT] family dispute over disposition of remains

[Heather deVrieze]

I have run into this on at least a couple of occasions. One pre-TEDRA the other Post. I did not use TEDRA in either situation (the second time I copied what worked the first time). Both times I handled it as a general motion and order in Ex-Parte, in the Probate matter, with notice to all parties (the siblings in your situation). Another time, we were able to bribe a relative whose consent was required by giving him a written promise that he would not be responsible for the costs of the cremation/services, but would be paid by the granddaughter who was inheriting everything.

I’m sure TEDRA would work as well.

This is why I try to include the most basic cremation/burial instructions in most Wills I prepare.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Teunis J. Wyers
Sent: Tuesday, December 05, 2017 4:08 PM
To: wsbapt at lists.wsbarppt.com
Cc: Lorrie Knowles <lorrie at wyerslawpc.com>
Subject: [WSBAPT] family dispute over disposition of remains

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:
     218 E. Steuben St. - P. O. Box 421
     Bingen, WA  98605
     (509) 493-2772/493-2406 (fax)
Email:  teunisj at wyerslawpc.com<mailto:teunisj at wyerslawpc.com>
Web:  www.wyerslawpc.com<http://www.wyerslawpc.com>


NOTICE:  This email (including any attachments) is covered by the Electronic Communications Privacy Act (EPCA), 18 U.S.C., Sec. 2510 - 2522, is confidential and privileged.  This email is solely for the personal and confidential use of the recipient(s) named above.  Receipt by anyone other than the individual recipient(s) is NOT a waiver of attorney-client privilege.  Any violation of the ECPA is subject to the penalties stated therein. If you have received this message in error, please notify me immediately by reply e-mail and immediately delete the original message.



-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20171206/c1bbffbc/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 7107 bytes
Desc: image005.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20171206/c1bbffbc/image005.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.png
Type: image/png
Size: 5137 bytes
Desc: image006.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20171206/c1bbffbc/image006.png>