Legal Question in Family Law in Illinois

My brother had a massive heart attack and is in the hospital in Illinois. He had been taken off of all support and is dying. His wife is in Mexico and can not legally come to see him. Now after he dies she wants his body to go to Mexico but my parents do not want this to happen. Does she have the legal right to bring him there or do my parents have the right to do as they wish.


Asked on 3/15/13, 12:44 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

She is his wife, is she not. Only if your brother had a will directing otherwise would anyone have the right to change that, unless there is a health car power of attorney (which would survive his death) in someone other than his wife. That power may allow someone to make burial arrangements

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Answered on 3/15/13, 1:29 pm


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