[WSBAPT] family dispute over disposition of remains

[Teunis J. Wyers]

Thank you, Heather. Did you bring the funeral director in as a party?  What
did your successful court order say?
Is there a chance you could share copies of pleadings with me?

On Tue, Dec 5, 2017 at 4:59 PM, Heather deVrieze <
heatherd at westseattlelaw.com> wrote:

> 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*
>
> *[image: cid:image001.jpg at 01D013C2.30F35160]*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500 <(206)%20938-5500>
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>
>
>
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>
> *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 <(541)%20386-2210>/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
>
> Web:  www.wyerslawpc.com
>
>
>
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-- 
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
Web:  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.
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