Who's in control?

[mailman16]

What is the name of your state? IN

I have a two parter and I'm not sure where to place the first part so I'll put it in here.

1. Has anyone ever heard of an autopsy so involved that the body cannot be displayed in an open casket?

2. My wife's friend passed away recently and had no will, an ex-husband and a sister who wanted nothing to do with her and no other family members except for a young daughter. All she really had was a couple of close friends. In this situation, who legally has control of her estate?

 

[HomeGuru]

What is the name of your state? IN

I have a two parter and I'm not sure where to place the first part so I'll put it in here.

1. Has anyone ever heard of an autopsy so involved that the body cannot be displayed in an open casket?

**A: yes, but mostly the cause of death resulting from an accident is the real reason for not displaying the body (and not the autopsy).
********

2. My wife's friend passed away recently and had no will, an ex-husband and a sister who wanted nothing to do with her and no other family members except for a young daughter. All she really had was a couple of close friends. In this situation, who legally has control of her estate?

**A: the control would be per state intestate laws or the state would take control.

 

[JETX]

"Has anyone ever heard of an autopsy so involved that the body cannot be displayed in an open casket?"
*** No, but depending on the cause of death it is possible that the damage was too extensive to have an open casket.

"My wife's friend passed away recently and had no will, an ex-husband and a sister who wanted nothing to do with her and no other family members except for a young daughter. All she really had was a couple of close friends. In this situation, who legally has control of her estate?"
*** Whoever petitions the probate court and is granted the role of 'personal representative'.
For more, go to:
http://www.indianaprobatelawyer.com/estate_planning_faqs.html

 

[mailman16]

The death was believed initially to be the result of an overdose so the body was in a perfect state before the autopsy.

It seems that one of the deceased's friends has taken upon her self to auction off the estate and set up a trust fund for her daughter. The friends intent is nothing but noble.

Thanks again, HG and JETX

 

[Dandy Don]

Yes, it is possible for an autopsy to result in damage to the body in which it would be preferable out of sympathy for the family and friends of the deceased not to view the body, but is this something that the ex-husband or the sister told you to perhaps cover up their actions if they somehow contributed to the death of the decedent?

Whoever went to the courthouse to file to be administrator could have been in control of the estate, and it looks like the sister would have been the closest surviving heir to qualify, but it's great that the friend stepped in to act--it looks as if she is primarily interested in getting something established to take care of the daughter's needs. Is the daughter now going to be living with the ex-husband or with someone else?

 

[mailman16]

Yes, it is possible for an autopsy to result in damage to the body in which it would be preferable out of sympathy for the family and friends of the deceased not to view the body, but is this something that the ex-husband or the sister told you to perhaps cover up their actions if they somehow contributed to the death of the decedent?

Not likely. The friend taking care of the estate was asleep on the decedent's couch when she was awakened by the woman's daughter telling her mommy wouldn't wake up. The coroner had estimated the time of death to be 1:00 am. The friend had arrived at around 12:00 am to find the woman sleeping, so she thought. Ironically, the friend had an intervention planned for the following morning because of the decedent's depression over her divorce and a long standing addiction to pain killers. And unless the friend is an academy award winning actress, and judging by the fact she was a childhood friend, her involvement in the death is inconceivable. Her death is a suspected overdose either intentionally or accidentally by those that knew her well. Isn't there a 'cosmetic autopsy' that's just as thorough but would have left the body presentable?

Whoever went to the courthouse to file to be administrator could have been in control of the estate, and it looks like the sister would have been the closest surviving heir to qualify, but it's great that the friend stepped in to act--it looks as if she is primarily interested in getting something established to take care of the daughter's needs. Is the daughter now going to be living with the ex-husband or with someone else?

The daughter will be staying with the ex-husband.

Thanks for the reply DD

 

[nextwife]

Is a closed casket such a terrible thing? I've been to a great many funerals, including my dear dad's, and almost none were open casket. If the funeral director is saying no, perhaps his professional opinion should be accepted? Fill the room with pictures of the LIVING person and let them be remembered as they were in life. I know I'd sure rather have my child's last image of me, heaven forbid, to be as she saw me in life.

Just a thought.

 

[mailman16]

Is a closed casket such a terrible thing? I've been to a great many funerals, including my dear dad's, and almost none were open casket. If the funeral director is saying no, perhaps his professional opinion should be accepted? Fill the room with pictures of the LIVING person and let them be remembered as they were in life. I know I'd sure rather have my child's last image of me, heaven forbid, to be as she saw me in life.

You're preaching to the choir. I think a corpse on display is barbaric at best. I would much rather have the last memory of me that my friends and family have, be one of me living. But the reason that I asked the question was not to argue for or against an open casket (my opinion in this case won't matter a bit), I was pointing out that before the autopsy, the body was fine and after it was not. And since her friends don't mind an open casket, I can completely understand their questioning the autopsy issue.

 

[nextwife]

Ultimately, I think the person to whom this most matters is the daughter. Whatever will be least disturbing for her is the way they ought to consider going. Certainly the friends matter, but what matters most is what is best for the child involved. Whatever that is.

And what the deceased themselves would have wanted.

 

[mailman16]

Unfortunately, the decedent left behind no will or anything outlining her wishes should she die. And although I think the child is much too young to decide what's in her own best interest, I agree with you that she should not see the body. Thanks for the input.