[WSBAPT] Funeral Litigation

[Megan S. Farr]

Nothing in writing.  Mom was widowed and had two kids.  One of the kids was estranged from mom and when asked if he would provide consent to cremation responded by requesting a copy of the will.  Now the funeral home is telling the other sibling (PC) that to even bury mom he needs a court order (which I don't think is correct).

He just needs an attorney with time to jump through hoops and get to the bottom of what the funeral home needs in order to have his mom's remains buried.  She died in December . . .

Megan S. Farr
Member | Farr Law Group, PLLC
1110 Stevenson Avenue, Ste. 100 | P.O. Box 890 | Enumclaw, WA 98022-0890
360.825.6581 (o) | 360.825.0780 (f)

This communication is intended only for the above-named recipient.  It might contain information that is subject to the attorney-client privilege and/or is otherwise confidential.  If you are not the intended recipient, please immediately notify the above-named sender.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Friday, February 4, 2022 11:33 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Funeral Litigation

How were mom's wishes "stated" if it was in the Will or any advance directive which had two disinterested witnesses, that can generally be provided to the funeral home in lieu of consent from next of kin.

RCW 68.50.160<http://app.leg.wa.gov/RCW/default.aspx?cite=68.50.160>
Right to control disposition of remains-Liability of funeral establishment or cemetery authority-Liability for cost.
(1) A person has the right to control the disposition of his or her own remains without the predeath or postdeath consent of another person. A valid written document expressing the decedent's wishes regarding the place or method of disposition of his or her remains, signed by the decedent in the presence of a witness, is sufficient legal authorization for the procedures to be accomplished.

If there is simply a misunderstanding over what mom's wishes were, that is more complicated.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D819BB.DA3B7CA0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

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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 Megan S. Farr
Sent: Thursday, February 3, 2022 5:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Funeral Litigation

We are looking for an attorney who will help a PC enforce his deceased mother's stated wishes to be cremated.  PC is one of two adult children (decedent's spouse deceased) and his sibling refuses to cooperate/agree to burial or cremation.  The funeral home is telling PC that he needs to get a court order.

PC is in Maple Valley and funeral home is in Issaquah.

Any takers?

Megan S. Farr
Member | Farr Law Group, PLLC
1110 Stevenson Avenue, Ste. 100 | P.O. Box 890 | Enumclaw, WA 98022-0890
360.825.6581 (o) | 360.825.0780 (f)

This communication is intended only for the above-named recipient.  It might contain information that is subject to the attorney-client privilege and/or is otherwise confidential.  If you are not the intended recipient, please immediately notify the above-named sender.

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