Hot answers tagged

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.


8

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.


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

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

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 "...


5

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

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 ...


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

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

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 ...


3

An alibi in itself isn't necessarily a trump card. A legal declaration that you were dead despite being self-evidently alive doesn't seem a persuasive alibi.


3

No. This is not possible. You cannot give consent to homicide, and only the state can provide immunity from prosecution. Consent is not a "justification" or "excuse" under Oregon law, as those terms are defined in its penal code (there is nothing even remotely close in the definition of the relevant terms). Assisting suicide under Oregon law is, however, a ...


3

No. Only specified means of disposition of bodies are allowed by law in Kentucky and this is not one of them. The statute that applies once the body comes into the possession of a coroner is here. The statute that applies when a death appears to involve suspicious circumstances is here. Dispositions of a body that constitute the crime of "desecration of a ...


3

There are two kinds of spousal privileges, one being the communication privilege pertaining to communication inspired by the marital relationship and confidentially disclosed between husband and wife and applicable to criminal and civil cases: this privilege is strong, and survives death or divorce as long as the communication was during the marriage, and ...


3

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 centralized ...


3

An important question would be the imminence of the death upon arrival. If the traveler had no means of life support upon arrival this might be problematic. This looks a lot like a defective product death or euthanasia for someone who is not terminally ill, unless some legitimate scientific benefit is conferred by making the trip manned, in which case it ...


3

If the property has been transferred to HUD in a reverse mortgage foreclosure, the family has no authority to sign anything and the country records are simply not up to date (it is not unusual for county real estate records to be one to six weeks behind being up to date based upon how busy the recording office is and how many staff they have, often they are ...


3

Assuming that this wasn't a planned murder or assault, the most serious charge would be vehicular homicide. In the US, this is governed by state law, but states are not radically different in whether this is a crime. In Washington, under RCW 46.61.520, vehicular homicide is a class A felony, punishable by imprisonment in a state correctional institution ...


3

In the US, Pennsylvania specifically, the court in Pettigrew v. Pettigrew, 207 Pa. 313 says that the law rec­ognizes property in a corpse, but property subject to a trust and limited in its rights to such exercise as shall be in con­formity with the duty out of which the rights arise. Larson v. Chase, 47 Minn. 307 likewise states in this country ...


3

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 ...


3

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.


2

Often there are three kinds of homicide although the grading of homicide offenses actually differs quite a bit from jurisdiction to jurisdiction and often there are special statutes specifically covering deaths caused by child abuse and neglect. The most serious form of criminal homicide is intentional murder which is often called "murder" in English. A ...


2

No. Death does not terminate a lease (unless the lease expressly provides otherwise), so your estate would be responsible for closing it out. A lease becomes the property of and an obligation of a decedent's probate estate upon death. If there is money owed under the lease, ordinarily a landlord would have to make a claim in the probate estate, rather ...


2

My answer pertains to Washington, which has a similar law. The circumstances where it is legal for one person to intentionally kill another are highly limited in all states: using Washington terminology, you must be justified, and "because he asked me to" is not an legal justification. "Death with dignity" does not allow a doctor to kill a patient, it allows ...


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