Does a coroner have the right to enter and remove items such as cash and a steel box of papers from a house where a person has died?

The person was found outside away from the home and had fallen and died by accident. Also, in order to find a Will, if the family calls around to our local lawyers trying to find out who made out the Will, are they even able to tell us if they have it? Finally, do you have to have the original Will to hold up in court and take over an estate?

Asked on February 11, 2013 under Estate Planning, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The coroner under the laws of all states in this country has no right to take anything away from the home where a person has passed other than the deceased person.

Ordinarily if a Will or trust is not found, family members call local attorneys to see if they drafted a Will and they can say they did. If the original Will cannot be found, a copy of it can be submitted to probate.

 


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