[WSBAPT] Control of a body

[Eric Nelsen]

See RCW 65.80.160(5)<https://app.leg.wa.gov/RCW/default.aspx?cite=68.50.160>. Maybe can convince the funeral home to proceed on parent’s authorization since the spouse is not cooperating. I don’t think this is really a court thing, at least at this point. Loop the funeral home into all attempts to communicate with the spouse so that everyone understands that spouse is truly not cooperating and this isn’t a dodge by the parent to avoid having the spouse make the decision. See .170 for level of liability risk for the parent.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Friday, February 12, 2021 3:22 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Control of a body

Greetings list -

Client had a child pass away. Unbeknownst to the client, the child was married.  Client signed authorization releasing body to a funeral home. Discovered child was married - funeral home (rightly) had held cremation until surviving spouse signs authorization.  Surviving spouse originally had connect with my client saying they would sign....then ghosted. It's been 6 days.  Funeral home is charging my client "storage" fees.

Is there any petition or anything where I can get a court order to permit my client the authority to dispose of the body?

Brent Williams-Ruth (preferred pronoun: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

New Address & Phones Effective December 1, 2020: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /
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