[WSBARP] Disposition of Human Remains

Tue Feb 19 15:16:56 PST 2019

For those attorneys who may run into these sorts of questions/issues in the future, I recommend you or your clients give Char Barrett a call.  Char is a funeral director and specializes in at home and/or green funerals.  She works with families who want non-traditional funeral arrangements and is a wonderful resource for end of life planning when it includes something different or unique.  Char is committed to empowering people and their families to have the end of life experience they want.  
See here for a link to Char's website:  https://www.asacredmoment.com/

Aliza C Allen, J.D.
Real Estate Law|General Counsel Services

Allen Law PLLC
1325 Fourth Avenue, Suite 940
Seattle, Wa 98101
P:  206-315-6192  Fax: 206-515-2084
E:  aliza at allenlawgroupllc.com
www.allenlawgroupllc.com

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of wsbarp-request at lists.wsbarppt.com
Sent: Tuesday, February 19, 2019 12:00 PM
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Subject: WSBARP Digest, Vol 53, Issue 21

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Today's Topics:

   1. Re: Charlotte NC lawyer (Roger Hawkes)
   2. Unusual disposition of human remains (!) (Sarah Jael Dion)
   3. Re: Unusual disposition of human remains (!) (Kary Krismer)

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Message: 1
Date: Mon, 18 Feb 2019 23:00:10 +0000
From: Roger Hawkes <Roger at law-hawks.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Charlotte NC lawyer
Message-ID:
	<MWHPR16MB1469D6506B9AB3FEBEA66478E9630 at MWHPR16MB1469.namprd16.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Thanks, Ron.

Roger Hawkes, WSBA 5173
Hawkes Law Firm, P.S.
19944 Ballinger Way NE, Suite #100
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 Office
206 367 4005 Fax

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Ronald L. Coleman
Sent: Monday, February 18, 2019 11:58 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Charlotte NC lawyer

Roger,

Contact Jami Farris in Charlotte. She or someone in her firm should be able to assist your client with the real estate matter.
Parker Poe Adams & Bernstein LLP
401 S. Tryon St., Ste. 3000
Charlotte, NC 28202
704-335-9008<tel:704-335-9008>

Ron

Ronald L. Coleman
Direct 253-238-5129 - rcoleman at dpearson.com<mailto:rcoleman at dpearson.com>
Davies Pearson, P.C.
ATTORNEYS AT LAW
920 Fawcett Avenue / PO Box 1657, Tacoma, WA 98401
253-620-1500 | Fax 253-238-5158 | www.dpearson.com<http://www.dpearson.com>
Download vCard<http://www.dpearson.com/wp-content/uploads/2015/03/Ronald_1584702.vcf> | View Profile<http://www.dpearson.com/people/ronald-l-coleman>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Saturday, February 16, 2019 5:19 PM
To: WSBA Real Property Listserv
Cc: Business Law Section
Subject: [WSBARP] Charlotte NC lawyer

Client is asking for referral to a lawyer in or near Charlotte, NC, for a real estate related matter.  Who do you know?

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Message: 2
Date: Mon, 18 Feb 2019 17:37:37 -0800
From: Sarah Jael Dion <sarah at dionlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>, "KCBA
	Real Property, Probate and Trust Law Discussion List"
	<realpropertyprobatetrustlaw at lists.kcba.org>
Subject: [WSBARP] Unusual disposition of human remains (!)
Message-ID: <9288B6A6-0F85-4B2B-84CF-CF9EB2881E77 at dionlaw.com>
Content-Type: text/plain; charset="utf-8"

Hi all-

I am looking for thoughts? I am trying to advise an estate planning client about the feasibility of carrying out a rather unusual plan for disposition of his remains. He would like his skull to be preserved for his children, as kind of a last vestige of his corporeal existence. His urge to do this sounds strange, but he is a very interesting, kind and smart guy. He does not want to create criminal or other legal problems for anyone who agrees to assist with this plan. I am trying to identify for him the potential legal obstacles to having his skull separated from his body and given to someone to clean and preserve it. (Luckily, he has NOT asked me to help with figuring out who would be willing to carry this plan out for him.)

I?ve been looking through the RCWs and while it seems clear that a person has a right to control disposition of their remains (RCW 68.50.160), it remains vague to me the process by which a person could have anything other than autopsy, burial or cremation take place. His skull would not qualify as an anatomical gift, unless it was given for "transplantation, therapy, research, or education.? RCW 68.04.010(3). So it must be human remains. There are all kinds of penalties scattered throughout the section on human remains, for stealing them, for digging them up once buried, etc. 

There is one sentence in the RCWs that seems promising? RCW  68.50.100(1) states that ?[t]he right to dissect a dead body shall be limited to cases specially provided by statute or by the direction or will of the deceased.? (Emphasis added.)

Does anyone have insight into this situation? Many thanks in advance if you have made it this far! Also, yes, I now know all about Ted Williams. :)

Sarah Jael Dion

Dion Law PLLC					
206-550-4005
sarah at dionlaw.com
www.dionlaw.com

This message is private or privileged. If you are not the person for whom this message is intended, please notify me immediately and delete the message. Please do not copy or send this message to anyone else. 

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Message: 3
Date: Mon, 18 Feb 2019 17:59:22 -0800
From: Kary Krismer <Krismer at comcast.net>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Unusual disposition of human remains (!)
Message-ID: <4658dbed-6057-38da-3dfb-a2a3655e656c at comcast.net>
Content-Type: text/plain; charset="utf-8"; Format="flowed"

I've only read news articles on this, but apparently Washington now recognizes something call human composting.? I don't think that process contemplates what your client wants, but perhaps at the end of the process what they want would be somehow easier?????

Here's one such article. 
https://www.nbcnews.com/news/us-news/washington-could-become-first-state-legalize-human-composting-n952421

Kary L. Krismer
206 723-2148

On 2/18/2019 5:37 PM, Sarah Jael Dion wrote:
> Hi all-
>
> I am looking for thoughts? I am trying to advise an estate planning 
> client about the feasibility of carrying out a rather unusual plan for 
> disposition of his remains. He would like his skull to be preserved 
> for his children, as kind of a last vestige of his corporeal 
> existence. His urge to do this sounds strange, but he is a very 
> interesting, kind and smart guy. He does not want to create criminal 
> or other legal problems for anyone who agrees to assist with this 
> plan. I am trying to identify for him the potential legal obstacles to 
> having his skull separated from his body and given to someone to clean 
> and preserve it. (Luckily, he has NOT asked me to help with figuring 
> out who would be willing to carry this plan out for him.)
>
> I?ve been looking through the RCWs and while it seems clear that a 
> person has a right to control disposition of their remains (RCW 
> 68.50.160), it remains vague to me the process by which a person could 
> have anything other than autopsy, burial or cremation take place. His 
> skull would not qualify as an anatomical gift, unless it was given for 
> "transplantation,?therapy, research, or education.? RCW 68.04.010(3).
> So it must be human remains. There are all kinds of penalties 
> scattered throughout the section on human remains, for stealing them, 
> for digging them up once buried, etc.
>
> There is one sentence in the RCWs that seems promising? RCW
> ?68.50.100(1) states that ?[t]he right to dissect a?dead body shall be 
> limited to cases specially provided by statute or by the?direction _or 
> will of the deceased_.? (Emphasis added.)
>
> Does anyone have insight into this situation? Many thanks in advance 
> if you have made it this far! Also, yes, I now know all about Ted 
> Williams. :)
>
> Sarah Jael Dion
>
> Dion Law PLLC
> 206-550-4005
> sarah at dionlaw.com <mailto:sarah at dionlaw.com> www.dionlaw.com
>
> This message is private or privileged. If?you are not the person for 
> whom this?message is intended, please notify me?immediately and delete 
> the message.?Please do not copy or send this?message to anyone else.
>
>
>
>
>
>
> ***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.***
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