Legal Question in Wills and Trusts in Florida

Am I entitled to my dads autopsy? A friend of his changed the will just before my incompetant dad passed. I did recover dads house through mediation but very upset with funeral home not respecting my wishes while waiting on resolution of will contest. Can I sue funeral home for not allowing family to have autopsy and knowing the man holding the will allowed chronic drug abuse in his care?


Asked on 8/07/16, 4:52 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Huh? You wanted an autopsy to pursue a malpractice claim ? Unless there is a surviving spouse or minor child no one can pursue the claim. The remains of decedent

Are not part of the estate they belong to the next of kin. Get legal help

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Answered on 8/07/16, 6:40 pm
Lucreita Becude Lucreita D. Becude, P.A.

I suggest you subpoena the autopsy report from the coroner's office . I would hope that you have filed for probate and ask the court to appoint a personal representative removing this man who has used his power over your father. You need an attorney who really can take care of these things for you. It looks to me that you have a case for the probate court to disavow anything to this person for undue influence but you much prove that first. If your father was heavily drugged which caused his death, the State of Florida will prosecuting that case. Perhaps you should speak to the police department on this issue. If the autopsy shows this, then you should have no problem in obtaining the assets of your dad.

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Answered on 8/08/16, 8:11 am


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