Legal Question in Wills and Trusts in Illinois
My father died earlier this year and his wife had a private autopsy done. She is refusing to share the findings with us (his children). Do we have any right to this information? Can a judge make her give us a copy of the autopsy report?
She also has possession of everything he owned even items aquired long before they were married, she is claiming everything became marital property when they married and she doesn't have to give us any of it if she doesn't want to. Is this correct?
2 Answers from Attorneys
You have no legal right to the autopsy unless you have a claim related to his
cause of death. If you are an adult child, you have no legal right to claim child
support. If he left a will giving all property to his wife, she is entitled to it. If his
estate requires probate court, you may be able to assert your right to a copy
of the will. If the "items" are personal property belonging to them jointly, she
has a right to the property.
Did your father have a Will? That is very important. If so, what does it say?
What would be the purpose of requesting a copy of the autopsy?
As to property, the first question is how the property is titled. If they owned property jointly in joint tenancy, then it passes to her. If property was in your father's sole name then it passes through his estate under his Will.
You should gather the relevant information and consider discussing with a probate attorney.
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