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35

What kind of procedures would be necessary to undo the legal death? What happens to his property (note: the reanimated character is a young man with no written will)? If he's a renter, how long will it take for his landlord to push all his stuff out and welcome a new tenant? How much paperwork does he have to fill out? If the person is on the autopsy table, ...


26

The same thing that happens to everyone else Being declared legally dead does not mean that you are dead; it simply allows your assets to be distributed as if you were. If you turn up alive, you go through a bureaucratic procedure to have the record of your death removed, get a new driver's licence, etc. You usually don't get your assets back. If you happen ...


24

There have been cases where a legally dead person tried to come back from the dead, such as the case of Donald Miller in Hancock County OH, who was declared presumptively dead under ORC 2121.01. According to the news media, his lawsuit to undo the action failed because the law provides no provision for "taking it back", once 3 years have passed ...


18

Sarah, thanks for your question. You have asked this on the Legal forum; and whilst there might be many moral or ethical considerations surrounding your situation - I'll try to deal with the legal principles here - which are distinct from what people consider 'fair' in the common sense of the word - simply discussing the legal basis of what you are asking. ...


17

No, the GDPR does not apply to dead persons. Consequently, no data subject rights exist that could be exercised. However, member state law may recognize such rights (perhaps derived from posthumous personality rights), and there is a variety of approaches between jurisdictions.


14

Community Service Announcement A person going missing is serious. Many thousands of people disappear every year. In most cases they return or make contact with friends or family after a short while, however, a significant number are never heard from again. It is a MYTH that you need to wait 24 hours before telling the police of a missing person. Alert the ...


11

Governmental disclosure of information on death certificates is controlled by state law. In Washington, vital records are controlled by RCW 70.58A. §520 limits the possible recipients of such records. One category is "for research", which involves a review that covers guarantees of confidentiality among other things. §530 allows certain other ...


10

In lieu of a death certificate, a person can be declared dead by a court with probate jurisdiction under circumstances outlined under state statutes. Usually this is a combination of circumstances that make the likelihood of death nearly certain and/or the passage of a certain period of time (five years in California) without a sign of the person after duly ...


9

The laws governing the disposal of dead bodies do not make distinctions based upon citizenship. You have heard a myth that isn't true. There are regulations governing the disposal of dead bodies, but this isn't one of them.


8

The relevant statute is Arizona Revised Statutes Section 14-3801. It states: A. Unless notice has already been given under this section, at the time of appointment a personal representative shall publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing the appointment and the ...


8

Because Ms. Charles was in New York, her death certificate is not a public record under Section 4174(1)(a) of the Public Health Law, and the report of any autopsy that may have occurred is also exempt from the state's Freedom of Information Law. In re Turkel, 236 A.D.2d 283, (N.Y. App. Div. 1997).


8

To the best of my knowledge, there never has been any US law which authorizes killing or executing someone simply because of their low intelligence or mental illness. The arguments have been over cases where people were accused and convicted of serious, even horrific, crimes, but were sufficiently low in intelligence that it was argued that they would not ...


7

That really sucks. I've had similar experiences when handling the probate proceedings of lawyers who were not good about returning original wills to clients. I am providing an answer under general principles without researching Oregon specific accounting, record retention and probate laws, to at least give you a start although I recognize that a better ...


7

Privilege May Be Irrelevant In Your Case In a criminal case in the U.S., a criminal prosecution is moot and dismissed if the criminal defendant dies (or even if the criminal defendant is convicted and the case is still on appeal). (Pending divorce cases also abate upon the death of a spouse, but most other civil cases do not.) Caveat: Your Mileage May Vary ...


7

However, he wants a new security deposit and a month's rent for the time we will use it in March, claiming that the sale process makes us new tenants. What are the legal rights and legal obligations of an estate in a month-to-month rental situation? The estate is just starting the probate process, and I am unclear on whether the landlord is a "...


7

Fall into an unguarded open grave, and have your relatives sue Get a job in a funeral director's, drink the embalming fluid by accident, and have your relatives sue for failure of duty of care in keeping chemicals safe. You might even get a death-in-service benefit Get a job in a funeral director's, drink the embalming fluid intentionally, and have your ...


6

It would be more common to leave a separate direction regarding the disposition of your body in a document other than your will, entrusted with your next of kin. This is because a dead person's body is usually disposed of in less than a week following death, but a determination that a will is valid and effective often has a minimum five day waiting period ...


5

Short Answer Not really. Your first step should probably be to hire a private investigator to do an asset search for you. Longer Answer Real property records in the United States are maintained on a county by county basis and there are roughly 3000 counties in the United States (in Louisiana, a county is called a "parish"). There is not even a ...


5

What would be the best course of action now? It has been six months with no communication from him or his estate lawyer, and no will has been filed with the court. Since it's not entering probate, is there any guarantee that he has to faithfully execute the conditions of the will at all or notify any of the beneficiaries? Without probate, can he ...


5

It doesn't work, just like transferring the copyright to a young person to make it last longer doesn't work. In places where the length of copyright depends on the death of someone, it always depends on the death of the author. You can transfer copyright, but you can't change who is the author. If I write a book, and some copyright law says the copyright ...


4

IANAL. I am not your lawyer. Assuming that they bought the house together, and are both on the title, your step-father would, as a surviving owner, take sole possession of the house (and it wound not enter your mother's estate). If she bought the house before they married and he moved in, and he is not on the title, it would theoretically enter her estate, ...


4

There are no general legal impediments. Possession of human bones is legal (and selling them is an actual business), and processing bodies into cleaned bones is also a legal business. The main legal limits are on the folks who process the corpse, who have to comply with various enviromental laws pertaining to biohazardous material. You can will your bones, ...


4

I'll use Wisconsin as a jurisdiction. If you file a false death certificate, that's a felony. But you probably wouldn't go that far. It could be disorderly conduct. In Wisconsin disorderly conduct is described as follows: Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise ...


4

There is not uniformity of law on this question, which is usually decided in the period after a death, but before a will is admitted to probate or an executor is appointed (typically in three to five days). As a result, the legal jurisdiction (usually a country or sub-national state or autonomous region) involved matters a great deal. For example, Italy ...


4

Legal Representation: You have the right to represent yourself in a legal proceeding, but you cannot assign that right to anyone that you choose, only to certain approved individuals. Vote: You can vote, and you cannot assign that right to another. Jail Sentence: You can (indeed must) serve a jail sentence or be executed for a capital crime yourself, but ...


4

I assume this took place in Washington state. There are a number of self-defense provisions in Washington law. The first, RCW 9A.16.110, is primarily about reimbursements for prosecutions of acts of self-defense, but includes an applicable limit on prosecution: No person in the state shall be placed in legal jeopardy of any kind whatsoever for ...


4

Executors and Administrators The executor of an estate is the person(s) named by the testator in their will. The executor is the legal representative of the deceased and is responsible for winding-up their affairs and distributing the estate's assets to the beneficiaries in accordance with the will. The executor will apply to the court for a "grant of ...


4

To deny the funeral industry profit, die in a place or way that takes matters out of their hands. Some examples are: The Mount Everest. If you die above a certain point, your corpse will not be recovered. It will stay there. Die in service of your country. Most Western countries bury fallen soldiers and some even firefighters and policemen with special ...


4

Donate your body to some organisation like https://www.sciencecare.com/ Not only does that bypass the funeral industry all together, it's of no cost to you or your family and it may do something useful in the process.


4

england-and-wales If someone disappears with no report, what happens? Nothing, as no one knows about it to do anything and the law does not make any provisions for a lack of reporting in these circumstances. Is a death certificate ever issued? No, as the authorities are not aware that the person has disappeared / died. Again, the law does not make any ...


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