[WSBAPT] Control of a body

Robert R. Cole cole-gilday at stanwoodlaw.net
Fri Feb 12 17:04:55 PST 2021


One of my worst court experiences.  19 yr old daughter died, while 
seeing dad for the first time after 15 years.  Mom was for cremation, 
dad (who was a bad dude) ghosted.  Funeral home was afraid of him and 
required a court order.  Court wanted a hearing.  By the time it was 
over mom was crying, I was crying, and the judge was crying....

Very Truly Yours,

Robert R. Cole

Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW

Stanwood, WA 98292

(360) 629-2900 (Telephone)

(360) 629-0220 (Fax)

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On 2/12/2021 3:50 PM, Eric Nelsen wrote:
>
> 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*
>
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