In most states, at the time of a person's passing, «lineage» dictates who has
the right of a deceased person's disposition.
Not exact matches
When property is owned jointly with
right of survivorship, the property
rights of the
deceased are transferred to the other owners (not to the
deceased person's heirs).
Meanwhile, human
rights and constitutional lawyer, Dr Anthony Agbazuere who is also counsel to the complainants, said he had petitioned the Inspector General
of Police over the gruesome murder
of the
deceased persons and the police boss directed the Abia state commissioner to investigate the case.
Current state law details which individuals have the
right to control the disposition
of remains, without any consideration as to whether the
person entitled to exercise such
right may have killed the
deceased.
In 1968, when there were no techniques to observe how the brain worked in vivo, the neurologist Norman Geschwind discovered in
deceased persons that a region
of the temporal lobe, the planum temporale, was larger in the left than in the
right hemisphere.
Sterritt *** The widow
of a recently
deceased adventurer learns she's the heiress to millions
of hidden dollars and meets threatening
people who believe they have a
right to it.
The whole legal terrain is fascinating, and consists
of a stewing heap
of conflicting rationales, policies, privacy legislation and common laws around the
rights of heirs,
deceased people, states and private corporations.
Under Section 59
of the Estate Administration Act, a personal representative
of a
deceased claimant may continue or bring and maintain an action for a loss or damage to the
person or property
of the
deceased in the same manner and with the same
rights and remedies as the
deceased, except for certain actions such liable and slander, pain and suffering, and loss
of expectancy
of earnings.
The
person with the first
right to act as estate trustee is the spouse
of the
deceased, followed by adult children, then any other adult descendants, then the parents
of the
deceased, then the adult siblings.
RIGHT OF CLOSE RELATIVE TO SEEK EXPUNCTION ON BEHALF
OF DECEASED PERSON.
In some instances, a court may decide that while property is held in the name
of the
deceased, another
person actually has the
right to that property based on the contributions he / she made to it.
In certain circumstances, a court may determine that even though property is held in the name
of the
deceased, another
person has a
right to that property by virtue
of his or her contributions to it.
(a) no action in respect
of any claim to the personal estate
of a
deceased person or to any share or interest in any such estate (whether under a will or on intestacy) shall be brought after the expiration
of twelve years from the date on which the
right to receive the share or interest accrued.»
Declarations as to public or general
rights: an oral or written declaration by a
deceased person concerning the existence
of such a
right is admissible provided it was made before a dispute had arisen.
Comment: Several commenters urged that the proposed standard for
deceased individuals be clarified to allow access by a family member who has demonstrated a legitimate health - related reason for seeking the information when there is no executor, administrator, or other
person authorized under applicable law to exercise the
right of access
of the individual.
However, the covered entity may allow other
persons, such as personal representatives, to exercise the
rights of the individual under certain circumstances, e.g., for a
deceased individual.
During the two - year time frame, we proposed in the definition
of «individual» that the
right to control the
deceased individual's protected health information would be held by an executor or administrator, or other
person (e.g., next
of kin) authorized under applicable law to act on behalf
of the decedent's estate.
«No action in respect
of any claim to the personal estate
of a
deceased person or to any share or interest in any such estate (whether under a will or on intestacy) shall be brought after the expiration
of 12 years from the date on which the
right to receive the share or interest accrued...»
courts, and until the time
of James I, it was punished through the instrumentality
of those tribunals not merely because ecclesiastical
rights had been violated, but because upon the separation
of the ecclesiastical courts from the civil the ecclesiastical were supposed to be the most appropriate for the trial
of matrimonial causes and offences against the
rights of marriage, just as they were for testamentary causes and the settlement
of the estates
of deceased persons.
If you are the relative, spouse, de-facto or another
person who had a close relationship with a now
deceased birth parent or
deceased adopted
person, you are able to apply to be considered to inherit the
right to obtain access to some
of the information that would have been available to them.
NOTE TO ABORIGINAL AND TORRES STRAIT ISLANDER READERS: Please be advised this post contains images
of deceased persons Bundjalung man and land
rights legend Sol Bellear has been remembered a...
The rules afford the surviving spouse or civil partner a legal
right to a share in the
deceased's estate and allow the child (ren)
of the
deceased person to apply to the Courts to have provision made for them out
of the estate.
Where a
deceased person has made permanent provision for his / her spouse or civil partner during the
deceased person's lifetime before 1st January 1967, other than periodical payments for maintenance made during the
deceased person's lifetime, such a provision shall be offset against the legal
right of the spouse or civil partner.
A
person's application to inherit the
rights of a
deceased birth parent or adopted
person will be assessed.