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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7081
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My question is not about estate, but my son was found

Customer Question

Hello my question is not about estate, but my son was found deceased this morning and his wife in witch he is separated from and has been for 3 years went behind my back and went to medical examiners office today, he has 5 children 2 with this wife and 3 with his ex wife, he has no will, no money, no assets, she will not talk to me so I can make arrangements for my son! The medical examiner was kind and told me that they would speak to me after the autopsy!! Does she have the right to keep me and his children from giving him a funeral?
JA: OK. The Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not yet
JA: Is there anything else the Estate Lawyer should be aware of?
Customer: I don't know
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Submitted: 11 months ago.
Category: Estate Law
Expert:  Irwin Law replied 11 months ago.
Legally speaking, the funeral arrangements are made by the nearest survivors. In your son's case that would be his wife. It's unfortunate, but that's the way it is and there's for a little that a parent can do other than trying to convince the wife that they wish to participate in the burial arrangements.
Expert:  Irwin Law replied 11 months ago.
If the insurance has settled with the plaintiff, they would have obtained full releases from her and she would not be able to seek additional money. I doubt then that they have settled with her. You should immediately advise the attorneys who are handling your father's estate to make sure that they are aware that he is now deceased. I can't tell you what will happen after that, but the attorneys representing the plaintiff will not want to go to great lengths to collect a judgment , so the case will most likely get settled out of court within the policy limits. I hope that this answers the question and that you find it helpful. Please enter a positive rating at this time. Thank you for using Just Answer.

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