[WSBARP] FUNERAL HOME NEGLIGENCE - FAMILY SEEKING LEGAL REPRESENTATION

Thu Dec 8 18:18:06 PST 2022

Hello Listmates,

Client and family traumatized when a local and well-heeled funeral home up-sold family from simple "green" burial that they wanted (no embalmment), to an embalmment with viewing to collect the extra commission. They then botched the embalmment of the body to the point that funeral had to be closed casket. The deceased had no prior damage to the body. There are before and after pictures which speak a thousand words. This was BAD. Family wants funeral home held accountable so that no other family has to go through this. Seeking counsel. Any takers, referrals, or suggestions for finding counsel who would handle this are welcome.

Thank you.

Fern Herbert
Managing Attorney
Zenith Law Group, PLLC

Business Mailing Address
4320 196th St. SW B-712
Lynnwood, WA  98036
Phone/Fax: (425) 822-6311

Office locations in: Arlington, Bellevue, Bothell, Everett, Kirkland, Lynnwood, Mt. Vernon, Renton, downtown Seattle

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________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Roger Hawkes <roger at skyvalleylawyers.com>
Sent: Thursday, December 8, 2022 4:59 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Proposed Legislation: Uniform Partition of Heirs Property Act SB 5005

??

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Thursday, December 8, 2022 4:13 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Proposed Legislation: Uniform Partition of Heirs Property Act SB 5005

Imagine my extreme disappointment when I read this as “Uniform Partition of Heirs Act.”  Guess I need to stop thinking like Wednesday Addams.

[cid:image001.jpg at 01D90B26.6E522400]

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Andrew Hay
Sent: Thursday, December 8, 2022 4:04 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Proposed Legislation: Uniform Partition of Heirs Property Act SB 5005

Here is the Uniform Laws Commission statement of the purpose

The Uniform Partition of Heirs Property Act (UPHPA) helps preserve family wealth passed to the next generation in the form of real property.  If a landowner dies intestate, the real estate passes to the landowner’s heirs as tenants-in-common under state law.  Tenants-in-common  are  vulnerable  because  any  individual  tenant  can force a partition.  Too often, real estate speculators acquire a small share of heirs’ property in order to file a partition action and force a sale.  Using this tactic, an investor can acquire the entire parcel for a price well below its fair market value and deplete a family’s inherited wealth in the process.  UPHPA provides a series of simple due process protections: notice, appraisal, right of first refusal, and if the other co-tenants choose not to exercise their right and a sale is required, a commercially reasonable sale supervised by the court to ensure all parties receive their fair share of the proceeds

Why your state should adopt:  https://www.uniformlaws.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=109baaec-cb50-e54a-ae20-7d72c16df14c&forceDialog=0<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.uniformlaws.org%2FHigherLogic%2FSystem%2FDownloadDocumentFile.ashx%3FDocumentFileKey%3D109baaec-cb50-e54a-ae20-7d72c16df14c%26forceDialog%3D0&data=05%7C01%7C%7Cba4ac96daa4a4691763908dad97969da%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638061412745850051%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2B7M4YwPF%2FxItOKhC7FI4qViNToyBIyOh1Qqr6vM97WU%3D&reserved=0>

Summary: https://www.uniformlaws.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=1166a210-6868-cacb-32dd-20624634c8d8&forceDialog=0<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.uniformlaws.org%2FHigherLogic%2FSystem%2FDownloadDocumentFile.ashx%3FDocumentFileKey%3D1166a210-6868-cacb-32dd-20624634c8d8%26forceDialog%3D0&data=05%7C01%7C%7Cba4ac96daa4a4691763908dad97969da%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638061412745850051%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=jnH0t7IjbYv4jAKL17OCj%2F%2FGiPMrH0j6hrAq32umppE%3D&reserved=0>

Andrew Hay

Hay & Swann PLLC

201 S. 34th St.

Tacoma, WA 98418

www.washingtonlaw.net<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.washingtonlaw.net%2F&data=05%7C01%7C%7Cba4ac96daa4a4691763908dad97969da%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638061412745850051%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=G89E2JmPC0XECXZje6VIlMnxd1Icv8bOaY2UaG9d%2Bbs%3D&reserved=0>

andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>

He/him/his

253.272.2400 (w)

253.377.3085 (c)

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Roger Hawkes
Sent: Thursday, December 8, 2022 3:17 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Proposed Legislation: Uniform Partition of Heirs Property Act SB 5005

Thanks, Cat.  Too meaty to digest quickly; bring it up weekly until sufficient response to help digest it.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Catherine Clark
Sent: Thursday, December 8, 2022 11:51 AM
To: wsbarp at LISTS.WSBARPPT.COM<mailto:wsbarp at LISTS.WSBARPPT.COM>
Subject: [WSBARP] Proposed Legislation: Uniform Partition of Heirs Property Act SB 5005

All:

The attached has been pre-filed in Olympia for consideration in the upcoming session.

What say you about this?

Catherine “Cat” Clark
Law Office of Catherine C. Clark PLLC

110 Prefontaine Place South, Ste. 304

Seattle, WA 98104

Phone: (206) 838-2528
Cell: (206) 409-8938
Email: cat at loccc.com<mailto:cat at loccc.com>

NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited.  If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.

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