[WSBAPT] SDT for autopsy or necropsy

Mon Oct 10 14:36:37 PDT 2022

Yes, the dog was the separate property of the decedent belonging to his estate on the owner's death.  A PR was appointed and is my client.
The dog subsequently died and I need a copy of the necropsy of the dog, property of the estate.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
As we face the challenges presented by COVID-19, Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, zoom or in person meeting, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com>, cameron at glgmail.com<mailto:cameron at glgmail.com> or angelina at glgmail.com<mailto:angelina at glgmail.com> .

LICENSED IN WASHINGTON AND OREGON
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Monday, October 10, 2022 2:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] SDT for autopsy or necropsy

But But But, when a person discusses an autopsy and a decedent, aren't they talking about the person that died?  Your probate is for the owner of the deceased dog.  But you need a copy of the autopsy of an asset of the estate, not of the actual "decedent" of the probate.

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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 Dalynne Singleton
Sent: Monday, October 10, 2022 1:43 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] SDT for autopsy or necropsy

I have an interesting problem.  Every day is a new one.  If anyone on this listserve handles animal or dog cases, you probably have been through this.

I need to get a copy of the autopsy of a deceased dog (necropsy) owned by the decedent prior to his death.  Long story short but the girlfriend would not turn the father's dog over to the surviving children by right as owners of separate property and I drafted a motion to the court but right before setting for hearing, the girlfriend notified my client/PR of Estate that the dog died.  It was a highly suspicious death of this dog.  Girlfriend was not registered domestic partner.  The girlfriend had her own dog and it is still living.

A necropsy was done and now the Vet won't release the results to my client, PR of estate of her father.  Has anyone prepared a SDT for a necropsy and would be willing to share?
I did not find any statute addressing this other than below on autopsies...

RCW 68.50.101
Autopsy, postmortem-Who may authorize.
Autopsy or postmortem may be performed in any case where authorization has been given by a member of one of the following classes of persons in the following order of priority:
(1) The surviving spouse or state registered domestic partner;
(2) Any child of the decedent who is eighteen years of age or older;

RCW 68.50.105
Autopsies, postmortems-Reports and records confidential-Exceptions.
(1) Reports and records of autopsies or postmortems shall be confidential, except that the following persons may examine and obtain copies of any such report or record: The personal representative of the decedent as defined in RCW 11.02.005, any family member, the attending physician or advanced registered nurse practitioner, the prosecuting attorney or law enforcement agencies having jurisdiction, public health officials, the department of labor and industries in cases in which it has an interest under RCW 68.50.103, or the secretary of the department of children, youth, and families or his or her designee in cases being reviewed under RCW 74.13.640.
(2)(a) Notwithstanding the restrictions contained in this section regarding the dissemination of records and reports of autopsies or postmortems, nor the exemptions referenced under RCW 42.56.240(1), nothing in this chapter prohibits a coroner, medical examiner, or his or her designee, from publicly discussing his or her findings as to any death subject to the jurisdiction of his or her office where actions of a law enforcement officer or corrections officer have been determined to be a proximate cause of the death, except as provided in (b) of this subsection.
(b) A coroner, medical examiner, or his or her designee may not publicly discuss his or her findings outside of formal court or inquest proceedings if there is a pending or active criminal investigation, or a criminal or civil action, concerning a death that has commenced prior to January 1, 2014.
(3) The coroner, the medical examiner, or the attending physician shall, upon request, meet with the family of the decedent to discuss the findings of the autopsy or postmortem. For the purposes of this section, the term "family" means the surviving spouse, state registered domestic partner, or any child, parent, grandparent, grandchild, brother, or sister of the decedent, or any person who was guardian of the decedent at the time of death.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.glglawgroup.com%2F&data=05%7C01%7Cdalynne%40glgmail.com%7Ceec6687a42b347088ae908daab070da6%7Cebbf337fee3b4dd681791c2ed72652b1%7C0%7C0%7C638010344056932478%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=oReotjC6LLlSwsqHU1fDe5YMtevjTaXkh4yIMr2q420%3D&reserved=0>
As we face the challenges presented by COVID-19, Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, zoom or in person meeting, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com>, cameron at glgmail.com<mailto:cameron at glgmail.com> or angelina at glgmail.com<mailto:angelina at glgmail.com> .

LICENSED IN WASHINGTON AND OREGON
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