[WSBAPT] Fwd: Relative's obligation to dispose of remains

[Boaz Weintraub]

Hi, I'm a section member and my below e-mail was not posted on the
listserve.  Is there anything I need to do on my end?

Thanks in advance.

---------- Forwarded message ---------
From: Boaz Weintraub <bw at weintraub-law.com>
Date: Tue, Dec 6, 2022 at 3:48 PM
Subject: Relative's obligation to dispose of remains
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>


Listmates:

A client's mother recently passed in Spokane. They had a very poor
relationship, and she does not want to be financially responsible for
disposal.   She died without a will or any written instructions. What are
her obligations, if any?

The coroner's office  is telling her she has a legal duty to claim the body
and handle/pay for disposition.  Based on RCW 36.24.155, however, since she
is "not willing to provide for disposition of the body", the county coroner
would have that duty.

However, RCW 68.50.160 provides the right to  control disposition vests in
a "majority of the children", and it is the duty of disposition and
liability for the reasonable cost of preparation, care, and disposition of
such remains.  I don't see any exceptions based on unwillingness.

Thank you in advance for any input.

-- 
*Boaz "Bo" Weintraub*  | JD, LL.M.

Weintraub Law Office, PLLC

T *(425) 374-4045 <%28425%29%20374-4045>* |  F *(425) 274-7019
<%28425%29%20274-7019>*

www.weintraub-law.com  |  bw at weintraub-law.com

Bellevue Office: 14205 S.E. 36th Street, Suite 100, Bellevue, WA 98006

Bothell Office: 19125  Northcreek Parkway, Suite 120, Bothell,
Washington  98011

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Thank you.




-- 
*Boaz "Bo" Weintraub*  | JD, LL.M.

Weintraub Law Office, PLLC

T *(425) 374-4045 <%28425%29%20374-4045>* |  F *(425) 274-7019
<%28425%29%20274-7019>*

www.weintraub-law.com  |  bw at weintraub-law.com

Bellevue Office: 14205 S.E. 36th Street, Suite 100, Bellevue, WA 98006

Bothell Office: 19125  Northcreek Parkway, Suite 120, Bothell,
Washington  98011

IMPORTANT/CONFIDENTIAL: This e-mail and any attachments may contain
confidential information protected by the attorney-client privilege or
other privileges, and intended for use only by the intended recipient(s).
If you have received this e-mail in error, please do not read, reproduce or
distribute the contents, but rather, please immediately notify the sender,
delete the e-mail and destroy all copies of the e-mail and any attachments.
Unless otherwise expressly stated herein, any advice contained in this
e-mail (including any attachments) is not intended or written to be used,
and cannot be used, for purposes of avoiding tax penalties that may be
imposed on any taxpayer.
Thank you.
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