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

Wed Dec 7 16:02:02 PST 2022

Thank you Jennifer, et al.

She (and her brother) were adamant they would refuse to manage disposition
due to extreme abuse and abandonment.  A phone call from the examiner’s
office attempting to guilt her as surviving daughter, and alluding to
taxpayers footing the bill, was not helpful.

I do think I found the answer. In reference to RCW 68.50.160,  and vesting
of right to control disposition, Braun v. Selig defined “vest” as a
*discretionary* right to make a decision respecting a particular right. By
implication, the vested right to dispose may be refused.

In a follow up phone call with the medical examiner’s representative, the
rep confirmed my client could refuse to exercise that right.

Bo Weintraub

On Wed, Dec 7, 2022 at 2:58 PM Jennifer L White <jen at appletreelaw.com>
wrote:

> Hi Boaz,
>
> I too saw your post, so it’s getting through, but like the others who have
> responded, I don’t have any definitive experience to share. I have dealt
> occasionally with the opposite with various players vying for authority to
> control disposition.
>
> Setting aside the statutory authorities and putting on my counselor at law
> hat I will leave you with these comments – At this point and in the
> aftermath, what will bring your client the most personal mental closure?
> Telling the authorities to “cram it” and make me pay? I have never
> personally known of a family member being made to pay, not to say that is
> authority in any way; OR stepping up and paying a few hundred dollars for a
> simple cremation as a final act of self-care for the client’s benefit to
> bring a history of familial unhappiness to some semblance of closure? I
> don’t know the right answer, but I would have a discussion of this sort
> with the client FWIW 😊
>
>
>
> Good luck,
>
>
>
> Jennifer L. White, Esq.
>
>
>
> *jen at appletreelaw.com <jen at appletreelaw.com>*
>
> PO Box 11037
>
> Yakima, WA 98909
>
> 509.225.9813
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Joshua McKarcher
> *Sent:* Wednesday, December 7, 2022 2:18 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Cc:* wsbapt-owner at lists.wsbarppt.com
> *Subject:* Re: [WSBAPT] Fwd: Relative's obligation to dispose of remains
>
>
>
> 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
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>
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> --
>
> *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
> <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.weintraub-2Dlaw.com_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=Aivp3YLKOEaxmPROeO05COnZF0NVPjlV1iRg3f7rErI&s=mZ8u4bNgeIuuRaJmIxk0v5AFSrrAvx12MGFKfBTs1Os&e=>
>   |  bw at weintraub-law.com
>
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>
>
> Bothell Office: 19125
> <https://www.google.com/maps/search/19125++Northcreek+Parkway,+Suite+120,+Bothell,+Washington+98011?entry=gmail&source=g>
>  Northcreek Parkway, Suite 120,
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>  Bothell, Washington
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>   98011
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>
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-- 
*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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