Judge Allan Davis called it a "strange, strange situation,"

[Chex]

http://news.yahoo.com/blogs/sideshow...201043615.html

Epilog

Louisiana Law Review says
The number of these "living dead" in the United States has been estimated at between 60,000 and 100,000. They create a morass of legal problems. Questions may arise concerning the security of transactions with the missing person's estate, such as the disposition of his land, the right to proceeds of insurance policies on his life and pensions, the right to a cause of action, the necessity of providing for his dependents, the marital status of his spouse, the paternity and legitimacy of children of his spouse's second marriage, the conservation of his property from possible waste, the devolution of succession rights that would pass to him, the release of property from a life tenancy, the requirement of his consent to certain transactions, the merchantability of land titles from his estate, and claims of inheritance from him.

Nick says. I've got a very simple resolution to this guys problem! All he needs to do is go out and find a job, then fail to pay his taxes on account of him being dead. I guarantee the IRS will find a fix to his problem right away!

[David Merrill]

I wonder how that interacts with cestui que vie trust transactions?

[Chex]

I wonder how that interacts with cestui que vie trust transactions?

http://lawreview.law.lsu.edu/2013/03...ment/#_ftnref8

and if a judge ruled against him would he be able to explain cestui que vie trust transactions to a jury? http://www.onelbriefs.com/outlines/c...risdiction.htm

The great value of the trial by jury certainly consists in its fairness and impartiality. Those who most prize the institution, prize it because it furnishes a tribunal which may be expected to be uninfluenced by undue bias of the mind. I have always conceived, and still conceive, an impartial jury as required by the common law, and as secured by the constitution, must be composed of men who will fairly hear the testimony which may be offered to them, and bring in their verdict according to that testimony, and according to the law arising on it. http://lawreview.law.lsu.edu/2011/04...-and-practice/

http://www.freshpatents.com/-dt20090730ptan20090192946.php

[Jethro]

[ATTACH=CONFIG]1365[/ATTACH]

Excellent! It appears this man now has a defense to any charges against the NAME.

e.g. Anything "traffic" related... "Your honor, the DEFENDANT is dead." Case dismissed.

[EZrhythm]

Excellent! It appears this man now has a defense to any charges against the NAME.

e.g. Anything "traffic" related... "Your honor, the DEFENDANT is dead." Case dismissed.

As long as he doesn't go and actually get another license, etc.

[loveunderlaw]

Excellent! It appears this man now has a defense to any charges against the NAME.

e.g. Anything "traffic" related... "Your honor, the DEFENDANT is dead." Case dismissed.

That's so true