[WSBARP] Unusual disposition of human remains (!)

[Eric Nelsen]

I have nothing helpful to offer but can't resist mentioning: About 10 years ago I was living in a Mexican tourist town and talking with a Canadian guy who, when he found out I was a lawyer, became very excited because he was looking for help in figuring out how he could get his business startup properly licensed in the U.S. He wanted to start a business that made musical instruments out of the bones of human remains, as family heirlooms. He got the idea apparently from a musician who wanted one of his leg bones turned into a flute to leave as a gift to his kids. Of course I told him I was on vacation and really couldn't help, plus there was international law involved, blah blah blah....exit stage right. Nice guy though; he wasn't nearly as persistent as some about trying to get free cocktail-party advice.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Sarah Jael Dion
Sent: Monday, February 18, 2019 5:38 PM
To: WSBA Real Property Listserv; KCBA Real Property, Probate and Trust Law Discussion List
Subject: [WSBARP] Unusual disposition of human remains (!)

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<http://www.dionlaw.com>

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