How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask jamest Your Own Question

jamest
jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience:  Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
Type Your Criminal Law Question Here...
jamest is online now
A new question is answered every 9 seconds

My brother recently passed away and according to his will ...

Resolved Question:

My brother recently passed away and according to his will (no family memeber has seen this since he named a "friend" the executor") he wanted no autopsy. He was found dead on the bathroom floor of a hotel states away from where he lived. By the time I heard the rumor that my brother passed away he was already cremated by order of the executor. No autopsy was performed but the death certificate stated the cause of death to be hardening of the arteries. My brother was 53 and in good health. How can they decide the cause of death with no autopsy? Isn''t it a law that an unattended death be given an autopsy? My sister and I suspect my brother took his own life and it was covered up very quickly with the help of his "friends". The identification was done by a man claiming to be a cousin which he is not. We were never notified of his death and only found out when we started asking questions of which we have gotten few answers for.What rights do we te family have now that he is deceased?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  jamest replied 6 years ago.
what exactly are you trying to acomplish? Are you requesting a criminal investigation?
Customer: replied 6 years ago.
I need to know the following;

Aren't autopsies required for unattended deaths?
How do they verify the next of kin?
Can we have access to the blood and tissue sample teating ordered by the coroner?
Expert:  jamest replied 6 years ago.
No, here are the autopsy rules for TN:
38-7-106. When autopsies authorized — Notice to next of kin — Donor eyes and and eye tissues. —

(a) A county medical examiner may perform or order an autopsy on the body of any person in a case involving a homicide, a suspected homicide, a suicide, a violent, unnatural or suspicious death. When the county medical examiner decides to order an autopsy, the county medical examiner shall notify the district attorney general. The district attorney general may order an autopsy in such cases on the body of a person in the absence of the county medical examiner or the failure of the county medical examiner to act. The authority ordering the autopsy shall notify the next of kin about the impending autopsy if the next of kin is known or reasonably ascertainable. The sheriff or other law enforcement agency of the jurisdiction shall serve process containing such notice and return such process within twenty-four (24) hours.

Since there was no autopsy, the next of kin was not notified.

In the case where there is a will, it may state instructions on procedures relating to next of kin. Next of Kin is usually closest living relative in the state.
When you mean they i assume you mean the state, they would verify based on a claim which would be investigated.

I don't know why any blood or tissue samples would have been taken, or if they still exist. You said this was a while ago, these may have been destroyed if they were taken. You could ask, which you said has not gotten you very far, petitioning for a court order I don't think would be effective, because your really not stating a controversy, just that you want to see them, if it was part of a lawsuit or criminal case, it would be different, as I know the medical examiner is not obligated to give access biological samples, if they even exist.

This case is complex and a full investigation would require a lot of footwork, you may wish to consult a private investigator in your area who could access the records, make the phone calls, go to the offices, this is really the only way to know for sure. I'm just trying to imagine how it might play out, but it's hard to do over a computer.

I hope i at least gave you some insight, I am sorry for the loss of your brother and the stress this must be causing you, you have my sincere condolences.
jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience: Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
jamest and 11 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 

Related Criminal Law Questions