Discussion Questions on the legal matters after ctb.

[frommolecules2stars]

As almost anyone else, I have preferences of what will happen to my body after I CTB. For context, I am transsexual so I would rather not have my body autopsied. I am also estranged from some family members.

I am in the USA.

For starters, when legally planning for your death, how suspicious is it if you are 18 when you start to plan it? Suspicion defined as in enough to warrant a search to see if you are a danger to yourself. I imagine this planning would mostly be about wills, but I am not knowledgeable on the other aspects.

I understand that if it is obvious one died from ctb, they almost always have to preform an autopsy. Are there ways to get around that legally? And, if I wrote in the note I leave about exactly how I ctb, would that be enough to respect that I legally requested for no autopsy to be performed? I also know that next of kin can decide if there is an autopsy done, so if I get married to my bf and ask him to decline an autopsy on top of my legal wishes, would they be more likely to respect that? I assume that the more documentation of an autopsy decline would help in my case.

Wills include who gets to inherit my belongings, what will be done to my body in terms of treatment (buriement/cremation/etc) and who will handle that. However, there are members of my family that I do not want to have anything to do with my corpse. Where can I legally withhold them from having any participation in that? Is that also included in a will?

I do not have any other questions, but if you have any advice pertaining to the legal process please comment. Thank you.

 

[areyousafe??]

There are different answers to your questions depending on where you are from, due to different legal systems. Even in my country, the procedure differ between states. It's best to consult a solicitor specialising in wills and estates.

 

[frommolecules2stars]

There are different answers to your questions depending on where you are from, due to different legal systems. Even in my country, the procedure differ between states. It's best to consult a solicitor specialising in wills and estates.

Of course, the most important information needed I left out sighhh. I do not want to compromise my location by giving a specific state, but I am in the US. I will contact a solicitor like you suggested.

 

[locked*n*loaded]

You definitely need to talk to a lawyer. Here in the US I think it's pretty much mandatory for an autopsy to be performed on the body of someone who commits suicide. Laws regarding when an autopsy must be performed would certainly take precedence over desires expressed in a will. Not sure how that could be gotten around. Also, not sure if some "religious" exemption could "trump" the law.

I'm not even sure how you could broach the subject of a suicide scenario with an attorney and ask them if an autopsy would be required if you commit suicide, not without setting off red flags. I wish you luck, though, in finding the answers you seek.

 

[futurecorpse]

For starters, when legally planning for your death, how suspicious is it if you are 18 when you start to plan it? Suspicion defined as in enough to warrant a search to see if you are a danger to yourself. I imagine this planning would mostly be about wills, but I am not knowledgeable on the other aspects.

Very suspicious. How many 18 year olds do you know have a will? Idk if a lawyer has that kind of power to contact authorities on someone they suspect might ctb.

I understand that if it is obvious one died from ctb, they almost always have to preform an autopsy. Are there ways to get around that legally? And, if I wrote in the note I leave about exactly how I ctb, would that be enough to respect that I legally requested for no autopsy to be performed? I also know that next of kin can decide if there is an autopsy done, so if I get married to my bf and ask him to decline an autopsy on top of my legal wishes, would they be more likely to respect that? I assume that the more documentation of an autopsy decline would help in my case.

It depends on the county and the jurisdiction of the medical examiner/coroner. Not all autopsies are complete autopsies, meaning sometimes they'll do an external examination vs cutting open the body and the cranium. Ultimately the ME has the say so because they are the ones who need to determine your cause of death and complete the death certificate, not your family. NOK can request and decline an autopsy after the ME decides one isn't needed and there's no suspicion of foul play.

Wills include who gets to inherit my belongings, what will be done to my body in terms of treatment (buriement/cremation/etc) and who will handle that. However, there are members of my family that I do not want to have anything to do with my corpse. Where can I legally withhold them from having any participation in that? Is that also included in a will?

Next of kin, power of attorney, or designated person in writing. There's a lot of legal matter when it comes to all these things

*We might be in a different state so don't take what I say as an absolute I've worked in the death industry for over 2 years and legal matters regarding death and funeral arrangements were discussed and witnessed in person

 

[dust-in-the-wind]

In the US you will definitely be autopsies. The only ones that aren't are the very sick elderly or younger people dying from a terminal illness

 

[Breebly]

Laws for mandatory autopsies vary by state, so check Google for your location. I'll say that for my state, CTB doesn't lead to an autopsy unless there's foul play suspected, so if it's the same for your state, then the combination of your note plus your legal preparedness at your young age may be enough to rule out foul play.

Next of kin order also varies by state, so you'll want to check that too. My state for example has the order of spouse > your children > your parents > other family. If your state also considers your spouse as the highest decision maker, then you marrying your bf should automatically give him power to make medical/funerary/legal decisions for you, including keeping out those people you don't want present. You can further guarantee his position, which is especially important if you think your family will oppose him, by stating your wishes in your will, power of attorney form, and advance directives.

As for seeing a lawyer, it's not their place to question you about that, and you can always just say, "I like to be prepared," and end their questions there or move onto another lawyer if one makes you uncomfortable. You may be able to skip the lawyer altogether depending on your state. In my state for example, a will is legally valid if it's either 1) notarized by a lawyer or 2) handwritten by you and signed by you and 2 witnesses who are not your family or spouse. I got my friends to sign mine. If there's the option for you to write your will yourself, then don't keep it w you if you think your family will tamper w it. Give it to your bf or someone else whom you trust for safekeeping.