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38 votes

What rights does a dead body have? Can crimes be committed against one?

The dead body does not have rights, but there are laws governing how it may be handled. California prohibits corpse desecration, which covers anyone who "willfully mutilates, disinters, removes ...
bdb484's user avatar
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35 votes
Accepted

What are the legal ramifications of a legally dead person turning up alive?

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 ...
ohwilleke's user avatar
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28 votes

What rights does a dead body have? Can crimes be committed against one?

The answer by bdb484 is correct in all respects, but this answer expands upon it. The top line conclusion that dead bodies do not have rights and are not legal persons are correct. Dead bodies are ...
ohwilleke's user avatar
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26 votes
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What will happen if a legally dead but actually living person commits a crime after they are declared legally dead?

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 ...
Dale M's user avatar
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23 votes

What are the legal ramifications of a legally dead person turning up alive?

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. ...
user6726's user avatar
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20 votes

Execution via pardon

Yes. This is legal, even though it is highly unlikely. There were very few, if any, instances of the federal pardon power being used this way historically, but it could happen, and President Trump, ...
ohwilleke's user avatar
  • 218k
18 votes
Accepted

How can I get back my dead mother's ring, which I gave to a family friend?

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 ...
DrDee's user avatar
  • 573
17 votes
Accepted

GDPR rights when subject dies; does family inherit subject rights?

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 ...
amon's user avatar
  • 24k
14 votes

What happens if someone dies without a trace?

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, ...
Dale M's user avatar
  • 211k
11 votes

Did Texas and other US states actually execute people with intellectual disabilities just because they were disabled?

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 ...
David Siegel's user avatar
11 votes

Execution via pardon

No... because it would be rare for the President of the United States to have the power to pardon this person in the first place. Typically, crimes of this nature are prosecuted by the State or ...
hszmv's user avatar
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10 votes
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Are causes of death public information?

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. ...
user6726's user avatar
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10 votes
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What happens if someone dies without a trace?

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 ...
ohwilleke's user avatar
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10 votes
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Execution via pardon

President Rodrigo Duterte of the Philippines did something similar to that. The major snag in the United States is, the President can only pardon federal crimes. Murder is almost always a state ...
Davislor's user avatar
  • 2,884
10 votes

What rights does a dead body have? Can crimes be committed against one?

germany In Germany (and other countries around it) there is a concept called "Störung der Totenruhe" which kind of translates to disturbing the rest/peace/quiet/dignity of the dead and it is ...
Yanick Salzmann's user avatar
9 votes
Accepted

Can an illegal immigrant be buried in the United States of America by relatives?

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, ...
ohwilleke's user avatar
  • 218k
9 votes

What are the rights of an estate when a tenant dies in a rental unit?

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 ...
ohwilleke's user avatar
  • 218k
8 votes
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In Arizona, if someone dies, are survivors legally obligated to post a public notice in a local newspaper?

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 ...
ohwilleke's user avatar
  • 218k
8 votes

Are causes of death public information?

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 ...
bdb484's user avatar
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7 votes
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Who has responsibility for tax records after the death of a tax preparation professional?

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 ...
ohwilleke's user avatar
  • 218k
7 votes
Accepted

Is spousal immunity affected if one spouse dies?

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 ...
ohwilleke's user avatar
  • 218k
7 votes
Accepted

Can bones be willed to a family member after death?

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 ...
ohwilleke's user avatar
  • 218k
7 votes

How do I die without the funeral industry benefiting in any way?

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 ...
Owain's user avatar
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7 votes

Is it legal to be buried in your yard?

united-states Once a body is cremated it is generally no longer subject to the laws related to dead bodies. But the disposition of a corpse that is not cremated varies greatly from one U.S. state to ...
ohwilleke's user avatar
  • 218k
7 votes

If a person knows they are going to die imminently, but owe money, can they take out the remainder of their savings as transfers to heirs while alive?

united-states This would still be a fraudulent transfer and the amounts transferred could be recovered in lawsuits against the persons receiving the funds.
ohwilleke's user avatar
  • 218k
6 votes

How do I die without the funeral industry benefiting in any way?

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 ...
Hilmar's user avatar
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6 votes
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Is it possible to enter a work into public domain by transfering copyright to a dead person?

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 ...
gnasher729's user avatar
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6 votes
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Could cryonics "resurrections" be enforced?

What could legally compel them to? Nothing. Whoever decides to spend part of their estate on feeding cryonics companies, can only count on his/her living associates/successors to see to the body ...
Greendrake's user avatar
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5 votes

Can bones be willed to a family member after death?

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 ...
user6726's user avatar
  • 215k
5 votes
Accepted

In Washington state, what can beneficiaries of a will do if the executor does not notify them?

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, ...
ohwilleke's user avatar
  • 218k

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