Legal Question in Wills and Trusts in Illinois
My question deals with a suicide note. My Uncle killed himself several years ago, and wrote lengthy suicide notes, to several siblings, his daughters, wife, past and current girlfriends, and parents. My mother is now currently working on a memoir detailing his suicide and the aftermath. She has thought about sparingly using parts of his notes, however some people in her family feel that she has no legal right to do so without permission from my uncles two surviving daughters. At the time, the two were 13 and 9, and are now 23 and 19. They were the heirs to his estate, however were not legally entitled to it until they turned 18. I'm not sure if that matters. My question is, do they control publishing rights over these notes? Also, the notes, were taken into record, and noted in the coroners death inquest. The death was ruled an apparent suicide due to the notes. Does this mean that the notes are public record and could be obtained and legally published through through a state Freedom of Information Act request?
1 Answer from Attorneys
Why were they "not legally entitled" to his estate until they were 18? Was there a will which stated this? If so, then his estate was likely held in trust for their benefit during the interim period, so I am not sure how this is relevant to your question.
Without seeing the relevant documents (will, trust, etc.) I would say the daughters own the copyright to the letters. Are they public record? Maybe, but if so, probably only for limited purpose. However, obviously, the thought of publication of these letters upsets his children. Perhaps their preference should be respected.
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