Teresa Rhyne
–Generally, the days following a family member’s death are spent with funeral arrangements, notifying friends and family, and handling the care of the decedent’s pets, dependents and home. But there will be certain legal matters that will need tending to as well.
Immediate Legal Issues following death
A legal pronouncement of death is required. If there was no doctor or hospice nurse present, you will need to call 911. A death at home, if not under hospice supervision, may require a coroner to determine the cause of death.
The person named in the decedent’s Health Care Directive is the party who has the authority to decide whether an autopsy is performed (if the law does not require one), which mortuary should receive the body is sent to, and whether the decedent will be cremated. If there is no Health Care Directive, the decision is made by the next of kin. If there are two persons with equal consanguinity (say, siblings) and they do not agree, a court ord