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

Wed Dec 7 16:20:09 PST 2022

Thanks for sharing the update!

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Boaz Weintraub
Sent: Wednesday, December 7, 2022 4:02 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Fwd: Relative's obligation to dispose of remains

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<mailto: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.
[cid:image001.jpg at 01D90A57.C541B2F0]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto:wsbapt at lists.wsbarppt.com>>
Cc: wsbapt-owner at lists.wsbarppt.com<mailto: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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto:wsbapt at lists.wsbarppt.com>>
Cc: wsbapt-owner at lists.wsbarppt.com<mailto: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<mailto: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<mailto: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<tel:%28425%29%20374-4045> |  F (425) 274-7019<tel:%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<mailto:bw at weintraub-law.com>

Bellevue Office: 14205 S.E. 36th Street, Suite 100, Bellevue, WA<https://www.google.com/maps/search/14205+S.E.+36th+Street,+Suite+100,+Bellevue,+WA+98006?entry=gmail&source=g> 98006<https://www.google.com/maps/search/14205+S.E.+36th+Street,+Suite+100,+Bellevue,+WA+98006?entry=gmail&source=g>

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,<https://www.google.com/maps/search/19125++Northcreek+Parkway,+Suite+120,+Bothell,+Washington+98011?entry=gmail&source=g> Bothell, Washington<https://www.google.com/maps/search/19125++Northcreek+Parkway,+Suite+120,+Bothell,+Washington+98011?entry=gmail&source=g>  98011<https://www.google.com/maps/search/19125++Northcreek+Parkway,+Suite+120,+Bothell,+Washington+98011?entry=gmail&source=g>

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.

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

Weintraub Law Office, PLLC

T (425) 374-4045<tel:%28425%29%20374-4045> |  F (425) 274-7019<tel:%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<mailto:bw at weintraub-law.com>

Bellevue Office: 14205 S.E. 36th Street, Suite 100, Bellevue, WA<https://www.google.com/maps/search/14205+S.E.+36th+Street,+Suite+100,+Bellevue,+WA+98006?entry=gmail&source=g> 98006<https://www.google.com/maps/search/14205+S.E.+36th+Street,+Suite+100,+Bellevue,+WA+98006?entry=gmail&source=g>

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,<https://www.google.com/maps/search/19125++Northcreek+Parkway,+Suite+120,+Bothell,+Washington+98011?entry=gmail&source=g> Bothell, Washington<https://www.google.com/maps/search/19125++Northcreek+Parkway,+Suite+120,+Bothell,+Washington+98011?entry=gmail&source=g>  98011<https://www.google.com/maps/search/19125++Northcreek+Parkway,+Suite+120,+Bothell,+Washington+98011?entry=gmail&source=g>

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.

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
--
Boaz "Bo" Weintraub  | JD, LL.M.

Weintraub Law Office, PLLC

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

www.weintraub-law.com<http://www.weintraub-law.com/>  |  bw at weintraub-law.com<mailto: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.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221208/a72df100/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 987192 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221208/a72df100/image001-0001.jpg>