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

[Brent Williams-Ruth]

I will share a personal story -

My father got the call that his brother had died and the Pierce County
medical examiner was tracking him down as next of kin.  They hadn't spoken
in decades and refused to deal with it. He was cremated and given the
paupers burial.

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

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

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to
the following address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

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


On Wed, Dec 7, 2022 at 2:33 PM Joshua McKarcher <josh at mckarcherlaw.com>
wrote:

> Hi Boaz,
>
>
>
> FYI, I received it on the listserv on Tuesday 6th, so your posts are
> working. I just don’t have any insight/experience beyond the statutes, as I
> suspect others may not. Tough sounding situation.
>
>
>
> Good luck. Best, Josh
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Boaz Weintraub
> *Sent:* Wednesday, December 7, 2022 3:04 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Cc:* wsbapt-owner at lists.wsbarppt.com
> *Subject:* [WSBAPT] Fwd: Relative's obligation to dispose of remains
>
>
>
> 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
>
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>
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>
>
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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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