My uncle passed yesterday of unusual causes. He had no advanced directive. The doctor who looked after him mentioned not even kn

My uncle passed yesterday of unusual causes. He had no advanced directive. The doctor who looked after him mentioned not even knowing the true cause of death however according to the coroner hell put something on the death certificate and thats enough to keep hi from having to do his job unless we paid. How do i get an autopsy done. My mother is his only living relative and is being told she has no rights that its all up to his girlfriend who happens to be uncooperative. He was a criminal defense attorney and i have a strong feeling theres foul play and nobody seems to want to help...the girlfriend has made it clear she does not want an autopsy and that he is to be cremated asap. I dont know what to do!
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Answers (2)

Elizabeth Taylor Herd

Elizabeth Taylor Herd

Contributor Level 7
I am not licensed in CA and can offer you general advice. You will have to call a local lawyer for specific information. However, in most states if there is a doctor who will designate a cause of death and sign the death certificate an autopsy is not otherwise mandated by law. (not sure of the specific law in CA). The only way for an autopsy to be performed is for the family to pay for it. Not sure why a girlfriend would have any rights unless there is a recognized common law marriage or other law that gives her rights. You may want to have your mother write to this provider(doctor)and raise her questions in writing.

If there are any criminal charge pending there may be a police report that is public record. Call a local lawyer for specific advice.

Betsey Herd
Tampa, Florida
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Peter Robert Stone

Peter Robert Stone Avvo Pro

Contributor Level 7
Under California law I believe that the mother will have all the rights and the girlfriend none, i don't know who told you otherwise. She can pressure the coroner to make an autopsy if they will not then she will have to hire an independent pathologist to do one. Last one I had done was about $3500 and that was 10 years ago so you will have to find out how much they are today.

If you cannot convince the motuary who has the body that themother is the party in charge, then you will have to hire an attorney and go to court. Usually the death certificate will list next of kin and that will be the mother not the girlfriend. Have your mother get together the birth certificate and teh death certificate and demand in writing and in person that the body be preserved for autopsy and then go find an attorney immeidately that does malpractice.

Move quickly.
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